1     
HEALTHY LIFESTYLE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kathleen A. Riebe

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to sex education instruction.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends a provision related to instruction about abstinence from sexual activity;
13          ▸     permits a local education agency to provide certain additional content in sex
14     education instruction with written parental consent;
15          ▸     defines terms; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53G-10-402, as last amended by Laws of Utah 2020, Chapters 354 and 408
24          53G-10-403, as last amended by Laws of Utah 2019, Chapter 293
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53G-10-402 is amended to read:

28          53G-10-402. Instruction in health -- Parental consent requirements -- Conduct
29     and speech of school employees and volunteers -- Political and religious doctrine
30     prohibited.
31          (1) As used in this section:
32          (a) "LEA governing board" means a local school board or charter school governing
33     board.
34          (b) "Refusal skills" means instruction:
35          (i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
36     adult;
37          (ii) in a student's obligation to stop the student's sexual advances if refused by another
38     individual;
39          (iii) informing a student of the student's right to report and seek counseling for
40     unwanted sexual advances;
41          (iv) in sexual harassment; and
42          (v) informing a student that a student may not consent to criminally prohibited
43     activities or activities for which the student is legally prohibited from giving consent, including
44     the electronic transmission of sexually explicit images by an individual of the individual or
45     another.
46          (2) (a) The state board shall establish curriculum requirements under Section
47     53E-3-501 that include instruction in:
48          (i) community and personal health;
49          (ii) physiology;
50          (iii) personal hygiene;
51          (iv) prevention of communicable disease;
52          (v) refusal skills; and
53          (vi) the harmful effects of pornography.
54          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
55     state board shall make rules that, and instruction shall:
56          (i) stress the importance of abstinence from all sexual activity [before marriage and
57     fidelity after marriage as methods] as a method for preventing certain [communicable]
58     infectious diseases;

59          (ii) stress personal skills that encourage individual choice of abstinence and fidelity;
60          (iii) prohibit instruction in:
61          (A) the intricacies of intercourse, sexual stimulation, or erotic behavior;
62          (B) the advocacy of premarital or extramarital sexual activity; or
63          (C) except as provided in Subsection 53G-10-403(3), the advocacy or encouragement
64     of the use of contraceptive methods or devices; and
65          (iv) except as provided in Subsection (2)(d), allow instruction to include information
66     about contraceptive methods or devices that stresses effectiveness, limitations, risks, and
67     information on state law applicable to minors obtaining contraceptive methods or devices.
68          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
69     state board shall make rules for an LEA governing board that adopts instructional materials
70     under Subsection (2)(g)(ii) that:
71          (i) require the LEA governing board to report on the materials selected and the LEA
72     governing board's compliance with Subsection (2)(h); and
73          (ii) provide for an appeal and review process of the LEA governing board's adoption of
74     instructional materials.
75          (d) The state board may not require an LEA to teach or adopt instructional materials
76     that include information on contraceptive methods or devices.
77          (e) (i) At no time may instruction be provided, including responses to spontaneous
78     questions raised by students, regarding any means or methods that facilitate or encourage the
79     violation of any state or federal criminal law by a minor or an adult.
80          (ii) Subsection (2)(e)(i) does not preclude an instructor from responding to a
81     spontaneous question as long as the response is consistent with the provisions of this section.
82          (f) The state board shall recommend instructional materials for use in the curricula
83     required under Subsection (2)(a) after considering evaluations of instructional materials by the
84     State Instructional Materials Commission.
85          (g) An LEA governing board may choose to adopt:
86          (i) the instructional materials recommended under Subsection (2)(f); or
87          (ii) other instructional materials in accordance with Subsection (2)(h).
88          (h) An LEA governing board that adopts instructional materials under Subsection
89     (2)(g)(ii) shall:

90          (i) ensure that the materials comply with state law and board rules;
91          (ii) base the adoption of the materials on the recommendations of the LEA governing
92     board's Curriculum Materials Review Committee; and
93          (iii) adopt the instructional materials in an open and regular meeting of the LEA
94     governing board for which prior notice is given to parents of students attending the respective
95     schools and an opportunity for parents to express their views and opinions on the materials at
96     the meeting.
97          (3) (a) A student shall receive instruction in the courses described in Subsection (2) on
98     at least two occasions during the period that begins with the beginning of grade 8 and the end
99     of grade 12.
100          (b) At the request of the state board, the Department of Health shall cooperate with the
101     state board in developing programs to provide instruction in those areas.
102          (4) (a) The state board shall adopt rules that:
103          (i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
104     are complied with; and
105          (ii) require a student's parent to be notified in advance and have an opportunity to
106     review the information for which parental consent is required under Sections 76-7-322 and
107     76-7-323.
108          (b) The state board shall also provide procedures for disciplinary action for violation of
109     Section 76-7-322 or 76-7-323.
110          (5) (a) In keeping with the requirements of Section 53G-10-204, and because school
111     employees and volunteers serve as examples to their students, school employees or volunteers
112     acting in their official capacities may not support or encourage criminal conduct by students,
113     teachers, or volunteers.
114          (b) To ensure the effective performance of school personnel, the limitations described
115     in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school
116     employee's or volunteer's official capacities if:
117          (i) the employee or volunteer knew or should have known that the employee's or
118     volunteer's action could result in a material and substantial interference or disruption in the
119     normal activities of the school; and
120          (ii) that action does result in a material and substantial interference or disruption in the

121     normal activities of the school.
122          (c) The state board or an LEA governing board may not allow training of school
123     employees or volunteers that supports or encourages criminal conduct.
124          (d) The state board shall adopt, in accordance with Title 63G, Chapter 3, Utah
125     Administrative Rulemaking Act, rules implementing this section.
126          (e) Nothing in this section limits the ability or authority of the state board or an LEA
127     governing board to enact and enforce rules or take actions that are otherwise lawful, regarding
128     educators', employees', or volunteers' qualifications or behavior evidencing unfitness for duty.
129          (6) Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious,
130     or denominational doctrine may not be taught in the public schools.
131          (7) (a) An LEA governing board and an LEA governing board's employees shall
132     cooperate and share responsibility in carrying out the purposes of this chapter.
133          (b) An LEA governing board shall provide appropriate professional development for
134     the LEA governing board's teachers, counselors, and school administrators to enable them to
135     understand, protect, and properly instruct students in the values and character traits referred to
136     in this section and Sections 53E-9-202, 53E-9-203, 53G-10-202, 53G-10-203, 53G-10-204,
137     and 53G-10-205, and distribute appropriate written materials on the values, character traits, and
138     conduct to each individual receiving the professional development.
139          (c) An LEA governing board shall make the written materials described in Subsection
140     (7)(b) available to classified employees, students, and parents of students.
141          (d) In order to assist an LEA governing board in providing the professional
142     development required under Subsection (7)(b), the state board shall, as appropriate, contract
143     with a qualified individual or entity possessing expertise in the areas referred to in Subsection
144     (7)(b) to develop and disseminate model teacher professional development programs that an
145     LEA governing board may use to train the individuals referred to in Subsection (7)(b) to
146     effectively teach the values and qualities of character referenced in Subsection (7).
147          (e) In accordance with the provisions of Subsection (5)(c), professional development
148     may not support or encourage criminal conduct.
149          (8) An LEA governing board shall review every two years:
150          (a) LEA governing board policies on instruction described in this section;
151          (b) for a local school board, data for each county that the school district is located in,

152     or, for a charter school governing board, data for the county in which the charter school is
153     located, on the following:
154          (i) teen pregnancy;
155          (ii) child sexual abuse; and
156          (iii) sexually transmitted diseases and sexually transmitted infections; and
157          (c) the number of pornography complaints or other instances reported within the
158     jurisdiction of the LEA governing board.
159          (9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
160     section, or the application thereof to any person or circumstance, is found to be
161     unconstitutional, the balance of this section shall be given effect without the invalid provision,
162     subsection, sentence, clause, phrase, or word.
163          Section 2. Section 53G-10-403 is amended to read:
164          53G-10-403. Required parental consent for sex education instruction.
165          (1) As used in this section:
166          (a) "Expanded sex education instruction" means additional sex education instruction
167     content, as determined by an LEA in accordance with this section.
168          [(a)] (b) (i) "Sex education instruction" means any course material, unit, class, lesson,
169     activity, or presentation that, as the focus of the discussion, provides instruction or information
170     to a student about:
171          (A) sexual abstinence;
172          (B) human sexuality;
173          (C) human reproduction;
174          (D) reproductive anatomy;
175          (E) physiology;
176          (F) pregnancy;
177          (G) marriage;
178          (H) childbirth;
179          (I) parenthood;
180          (J) contraception;
181          (K) HIV/AIDS;
182          (L) sexually transmitted diseases; or

183          (M) refusal skills, as defined in Section 53G-10-402.
184          (ii) "Sex education instruction" does not include child sexual abuse prevention
185     instruction described in Section 53G-9-207.
186          [(b)] (c) "School" means the same as that term is defined in Section 53G-10-205.
187          (2) A school shall obtain prior written consent from a student's parent before the school
188     may provide:
189          (a) sex education instruction to the student[.]; or
190          (b) expanded sex education instruction.
191          (3) (a) Expanded sex education instruction:
192          (i) may include instruction otherwise prohibited under Subsection
193     53G-10-402(2)(b)(iii)(C); and
194          (ii) may not include instruction prohibited under Subsections 53G-10-402(2)(b)(iii)(A)
195     and (B).
196          (b) An LEA's parental consent form for expanded sex education instruction shall
197     include:
198          (i) a description of the expanded sex education instruction; and
199          (ii) an explanation of how the expanded sex education instruction is different from sex
200     education instruction.
201          [(3)] (4) If a student's parent chooses not to have the student participate in sex
202     education instruction or expanded sex education instruction, a school shall:
203          (a) waive the requirement for the student to participate in the sex education instruction
204     or expanded sex education instruction; or
205          (b) provide the student with a reasonable alternative to the sex education instruction or
206     expanded sex education requirement.
207          [(4)] (5) In cooperation with the student's teacher or school, a parent shall take
208     responsibility for the parent's student's sex education instruction if a school:
209          (a) waives the student's sex education instruction or expanded sex education instruction
210     requirement in Subsection [(3)] (4)(a); or
211          (b) provides the student with a reasonable alternative to the sex education instruction
212     or expanded sex education instruction requirement described in Subsection [(3)] (4)(b).
213          [(5)] (6) A student's academic or citizenship performance may not be penalized if the

214     student's parent chooses not to have the student participate in sex education instruction or
215     expanded sex education instruction as described in Subsection [(3)] (4).