Chief Sponsor: Carol Spackman Moss

Senate Sponsor: Kirk A. Cullimore


8     General Description:
9          This bill amends provisions related to health education.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the State Board of Education to establish curriculum requirements that
13     include instruction in:
14               •     sexual assault resource strategies; and
15               •     sexual violence behavior prevention;
16          ▸     amends provisions related to when a student receives health education instruction;
17          ▸     requires a local education agency (LEA) to:
18               •      review data, including data on sexual assault, for each county in which the LEA
19     is located;
20               •     use the data reviewed to inform the LEA's policies on health education; and
21               •     as appropriate, incorporate the data into health education;
22          ▸     defines terms; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None

28     Utah Code Sections Affected:
29     AMENDS:
30          53G-10-402, as last amended by Laws of Utah 2020, Chapters 354 and 408
31          53G-10-403, as last amended by Laws of Utah 2019, Chapter 293

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53G-10-402 is amended to read:
35          53G-10-402. Instruction in health -- Parental consent requirements -- Conduct
36     and speech of school employees and volunteers -- Political and religious doctrine
37     prohibited.
38          (1) As used in this section:
39          (a) "LEA governing board" means a local school board or charter school governing
40     board.
41          (b) "Refusal skills" means instruction:
42          (i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
43     adult;
44          (ii) in a student's obligation to stop the student's sexual advances if refused by another
45     individual;
46          (iii) informing a student of the student's right to report and seek counseling for
47     unwanted sexual advances;
48          (iv) in sexual harassment; and
49          (v) informing a student that a student may not consent to criminally prohibited
50     activities or activities for which the student is legally prohibited from giving consent, including
51     the electronic transmission of sexually explicit images by an individual of the individual or
52     another.
53          (c) "Sexual assault resource strategies" means tools for addressing physical and
54     psychological effects of sexual assault.
55          (d) "Sexual violence behavior prevention education" means instruction that:
56          (i) leads to a student understanding:
57          (A) that the student has a right to refuse any kind of physical touch from another
58     individual;

59          (B) how to effectively communicate to others about the student's boundaries; and
60          (C) the student's responsibility to respect other individuals' boundaries;
61          (ii) is free from victim shaming;
62          (iii) provides information about the early signs of:
63          (A) coercion;
64          (B) emotional manipulation; and
65          (C) grooming strategies; and
66          (iv) may include instruction in refusal skills.
67          (2) (a) The state board shall establish curriculum requirements under Section
68     53E-3-501 that include instruction in:
69          (i) community and personal health;
70          (ii) physiology;
71          (iii) personal hygiene;
72          (iv) prevention of communicable disease;
73          (v) refusal skills; [and]
74          (vi) the harmful effects of pornography[.];
75          (vii) sexual assault resource strategies; and
76          (viii) sexual violence behavior prevention education.
77          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
78     state board shall make rules that, and instruction shall:
79          (i) stress the importance of abstinence from all sexual activity before marriage and
80     fidelity after marriage as methods for preventing certain communicable diseases;
81          (ii) stress personal skills that encourage individual choice of abstinence and fidelity;
82          (iii) prohibit instruction in:
83          (A) the intricacies of intercourse, sexual stimulation, or erotic behavior;
84          (B) the advocacy of premarital or extramarital sexual activity; or
85          (C) the advocacy or encouragement of the use of contraceptive methods or devices; and
86          (iv) except as provided in Subsection (2)(d), allow instruction to include information
87     about contraceptive methods or devices that stresses effectiveness, limitations, risks, and
88     information on state law applicable to minors obtaining contraceptive methods or devices.
89          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

90     state board shall make rules for an LEA governing board that adopts instructional materials
91     under Subsection (2)(g)(ii) that:
92          (i) require the LEA governing board to report on the materials selected and the LEA
93     governing board's compliance with Subsection (2)(h); and
94          (ii) provide for an appeal and review process of the LEA governing board's adoption of
95     instructional materials.
96          (d) The state board may not require an LEA to teach or adopt instructional materials
97     that include information on contraceptive methods or devices.
98          (e) (i) At no time may instruction be provided, including responses to spontaneous
99     questions raised by students, regarding any means or methods that facilitate or encourage the
100     violation of any state or federal criminal law by a minor or an adult.
101          (ii) Subsection (2)(e)(i) does not preclude an instructor from responding to a
102     spontaneous question as long as the response is consistent with the provisions of this section.
103          (f) The state board shall recommend instructional materials for use in the curricula
104     required under Subsection (2)(a) after considering evaluations of instructional materials by the
105     State Instructional Materials Commission.
106          (g) An LEA governing board may choose to adopt:
107          (i) the instructional materials recommended under Subsection (2)(f); or
108          (ii) other instructional materials in accordance with Subsection (2)(h).
109          (h) An LEA governing board that adopts instructional materials under Subsection
110     (2)(g)(ii) shall:
111          (i) ensure that the materials comply with state law and board rules;
112          (ii) base the adoption of the materials on the recommendations of the LEA governing
113     board's Curriculum Materials Review Committee; and
114          (iii) adopt the instructional materials in an open and regular meeting of the LEA
115     governing board for which prior notice is given to parents of students attending the respective
116     schools and an opportunity for parents to express their views and opinions on the materials at
117     the meeting.
118          (3) (a) A student shall receive age-appropriate instruction in the courses described in
119     Subsection (2) on at least two occasions during the period that begins with the beginning of
120     grade [8] 7 and ends with the end of grade 12.

121          (b) At the request of the state board, the Department of Health shall cooperate with the
122     state board in developing programs to provide instruction in those areas.
123          (4) (a) The state board shall adopt rules that:
124          (i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
125     are complied with; and
126          (ii) require a student's parent to be notified in advance and have an opportunity to
127     review the information for which parental consent is required under Sections 76-7-322 and
128     76-7-323.
129          (b) The state board shall also provide procedures for disciplinary action for violation of
130     Section 76-7-322 or 76-7-323.
131          (5) (a) In keeping with the requirements of Section 53G-10-204, and because school
132     employees and volunteers serve as examples to their students, school employees or volunteers
133     acting in their official capacities may not support or encourage criminal conduct by students,
134     teachers, or volunteers.
135          (b) To ensure the effective performance of school personnel, the limitations described
136     in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school
137     employee's or volunteer's official capacities if:
138          (i) the employee or volunteer knew or should have known that the employee's or
139     volunteer's action could result in a material and substantial interference or disruption in the
140     normal activities of the school; and
141          (ii) that action does result in a material and substantial interference or disruption in the
142     normal activities of the school.
143          (c) The state board or an LEA governing board may not allow training of school
144     employees or volunteers that supports or encourages criminal conduct.
145          (d) The state board shall adopt, in accordance with Title 63G, Chapter 3, Utah
146     Administrative Rulemaking Act, rules implementing this section.
147          (e) Nothing in this section limits the ability or authority of the state board or an LEA
148     governing board to enact and enforce rules or take actions that are otherwise lawful, regarding
149     educators', employees', or volunteers' qualifications or behavior evidencing unfitness for duty.
150          (6) Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious,
151     or denominational doctrine may not be taught in the public schools.

152          (7) (a) An LEA governing board and an LEA governing board's employees shall
153     cooperate and share responsibility in carrying out the purposes of this chapter.
154          (b) An LEA governing board shall provide appropriate professional development for
155     the LEA governing board's teachers, counselors, and school administrators to enable them to
156     understand, protect, and properly instruct students in the values and character traits referred to
157     in this section and Sections 53E-9-202, 53E-9-203, 53G-10-202, 53G-10-203, 53G-10-204,
158     and 53G-10-205, and distribute appropriate written materials on the values, character traits, and
159     conduct to each individual receiving the professional development.
160          (c) An LEA governing board shall make the written materials described in Subsection
161     (7)(b) available to classified employees, students, and parents of students.
162          (d) In order to assist an LEA governing board in providing the professional
163     development required under Subsection (7)(b), the state board shall, as appropriate, contract
164     with a qualified individual or entity possessing expertise in the areas referred to in Subsection
165     (7)(b) to develop and disseminate model teacher professional development programs that an
166     LEA governing board may use to train the individuals referred to in Subsection (7)(b) to
167     effectively teach the values and qualities of character referenced in Subsection (7).
168          (e) In accordance with the provisions of Subsection (5)(c), professional development
169     may not support or encourage criminal conduct.
170          (8) (a) An LEA governing board shall review every two years:
171          [(a)] (i) LEA governing board policies on instruction described in this section;
172          [(b)] (ii) for a local school board, data for each county that the school district is located
173     in, or, for a charter school governing board, data for the county in which the charter school is
174     located, on the following:
175          [(i)] (A) teen pregnancy;
176          [(ii)] (B) child sexual abuse; [and]
177          [(iii)] (C) sexually transmitted diseases and sexually transmitted infections; and
178          (D) sexual assault; and
179          [(c)] (iii) the number of pornography complaints or other instances reported within the
180     jurisdiction of the LEA governing board.
181          (b) An LEA governing board shall:
182          (i) use the data reviewed under Subsection (8)(a)(ii) to inform the policies described in

183     Subsection (8)(a)(i); and
184          (ii) incorporate the data reviewed under Subsection (8)(a)(ii) into the instruction
185     described in this section as the LEA governing board determines is appropriate.
186          (9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
187     section, or the application thereof to any person or circumstance, is found to be
188     unconstitutional, the balance of this section shall be given effect without the invalid provision,
189     subsection, sentence, clause, phrase, or word.
190          Section 2. Section 53G-10-403 is amended to read:
191          53G-10-403. Required parental consent for sex education instruction.
192          (1) As used in this section:
193          (a) (i) "Sex education instruction" means any course material, unit, class, lesson,
194     activity, or presentation that, as the focus of the discussion, provides instruction or information
195     to a student about:
196          (A) sexual abstinence;
197          (B) human sexuality;
198          (C) human reproduction;
199          (D) reproductive anatomy;
200          (E) physiology;
201          (F) pregnancy;
202          (G) marriage;
203          (H) childbirth;
204          (I) parenthood;
205          (J) contraception;
206          (K) HIV/AIDS;
207          (L) sexually transmitted diseases; or
208          (M) refusal skills, sexual assault resource strategies, and sexual violence behavior
209     prevention education, as those terms are defined in Section 53G-10-402.
210          (ii) "Sex education instruction" does not include child sexual abuse prevention
211     instruction described in Section 53G-9-207.
212          (b) "School" means the same as that term is defined in Section 53G-10-205.
213          (2) A school shall obtain prior written consent from a student's parent before the school

214     may provide sex education instruction to the student.
215          (3) If a student's parent chooses not to have the student participate in sex education
216     instruction, a school shall:
217          (a) waive the requirement for the student to participate in the sex education instruction;
218     or
219          (b) provide the student with a reasonable alternative to the sex education instruction
220     requirement.
221          (4) In cooperation with the student's teacher or school, a parent shall take responsibility
222     for the parent's student's sex education instruction if a school:
223          (a) waives the student's sex education instruction requirement in Subsection (3)(a); or
224          (b) provides the student with a reasonable alternative to the sex education instruction
225     requirement described in Subsection (3)(b).
226          (5) A student's academic or citizenship performance may not be penalized if the
227     student's parent chooses not to have the student participate in sex education instruction as
228     described in Subsection (3).