1     
HEALTH EDUCATION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carol S. Moss

5     
Senate Sponsor: Kirk A. Cullimore

6     

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

28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53G-10-402, as last amended by Laws of Utah 2020, Chapters 354, 408
32          53G-10-403, as last amended by Laws of Utah 2019, Chapter 293
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53G-10-402 is amended to read:
36          53G-10-402. Instruction in health -- Parental consent requirements -- Conduct
37     and speech of school employees and volunteers -- Political and religious doctrine
38     prohibited.
39          (1) As used in this section:
40          (a) "Emotional manipulation" means seeking power over an individual through
41     dishonest or exploitative strategies using emotion to influence behavior or ideas.
42          (b) "Grooming" means a pattern of behavior in which an individual engages using
43     authority or influence, based on age or other factors, to normalize unwanted sexual advances or
44     contact.
45          [(a)] (c) "LEA governing board" means a local school board or charter school
46     governing board.
47          [(b)] (d) "Refusal skills" means instruction:
48          (i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
49     adult;
50          (ii) in a student's obligation to stop the student's sexual advances if refused by another
51     individual;
52          (iii) informing a student of the student's right to report and seek counseling for
53     unwanted sexual advances;
54          (iv) in sexual harassment; and
55          (v) informing a student that a student may not consent to criminally prohibited
56     activities or activities for which the student is legally prohibited from giving consent, including
57     the electronic transmission of sexually explicit images by an individual of the individual or
58     another.

59          (e) "Sexual assault resource strategies" means tools for addressing physical and
60     psychological effects of sexual assault.
61          (f) (i) "Sexual coercion" means:
62          (A) the use of unreasonable pressure in an effort to compel an individual to initiate or
63     continue sexual activity against the individual's will; or
64          (B) words or conduct that wrongfully impair another individual's freedom of will and
65     ability to choose to refuse to engage in sexual activity.
66          (ii) "Sexual coercion" includes, for the purpose of encouraging an individual to engage
67     in sexual activity:
68          (A) intimidation, manipulation, or blackmail;
69          (B) threats of emotional or physical harm;
70          (C) threatening to disclose the individual's private sexual information; and
71          (D) threats of self-harm.
72          (g) "Sexual violence behavior prevention education" means instruction that:
73          (i) leads to a student understanding:
74          (A) that the student has a right to refuse any kind of physical touch from another
75     individual;
76          (B) how to effectively communicate to others about the student's boundaries; and
77          (C) the student's responsibility to respect other individuals' boundaries;
78          (ii) is free from victim shaming;
79          (iii) provides information about the early signs of:
80          (A) sexual coercion;
81          (B) emotional manipulation; and
82          (C) grooming strategies; and
83          (iv) may include instruction in refusal skills.
84          (2) (a) The state board shall establish curriculum requirements under Section
85     53E-3-501 that include instruction in:
86          (i) community and personal health;
87          (ii) physiology;
88          (iii) personal hygiene;
89          (iv) prevention of communicable disease;

90          (v) refusal skills; [and]
91          (vi) the harmful effects of pornography[.];
92          (vii) the legal implications of electronically distributing sexually explicit images of the
93     individual who is distributing the images or of another individual;
94          (viii) sexual assault resource strategies; and
95          (ix) sexual violence behavior prevention education.
96          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
97     state board shall make rules that, and instruction shall:
98          (i) stress the importance of abstinence from all sexual activity before marriage and
99     fidelity after marriage as methods for preventing certain communicable diseases;
100          (ii) stress personal skills that encourage individual choice of abstinence and fidelity;
101          (iii) prohibit instruction in:
102          (A) the intricacies of intercourse, sexual stimulation, or erotic behavior;
103          (B) the advocacy of premarital or extramarital sexual activity; or
104          (C) the advocacy or encouragement of the use of contraceptive methods or devices; and
105          (iv) except as provided in Subsection (2)(d), allow instruction to include information
106     about contraceptive methods or devices that stresses effectiveness, limitations, risks, and
107     information on state law applicable to minors obtaining contraceptive methods or devices.
108          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
109     state board shall make rules for an LEA governing board that adopts instructional materials
110     under Subsection (2)(g)(ii) that:
111          (i) require the LEA governing board to report on the materials selected and the LEA
112     governing board's compliance with Subsection (2)(h); and
113          (ii) provide for an appeal and review process of the LEA governing board's adoption of
114     instructional materials.
115          (d) The state board may not require an LEA to teach or adopt instructional materials
116     that include information on contraceptive methods or devices.
117          (e) (i) At no time may instruction be provided, including responses to spontaneous
118     questions raised by students, regarding any means or methods that facilitate or encourage the
119     violation of any state or federal criminal law by a minor or an adult.
120          (ii) Subsection (2)(e)(i) does not preclude an instructor from responding to a

121     spontaneous question as long as the response is consistent with the provisions of this section.
122          (f) The state board shall recommend instructional materials for use in the curricula
123     required under Subsection (2)(a) after considering evaluations of instructional materials by the
124     State Instructional Materials Commission.
125          (g) An LEA governing board may choose to adopt:
126          (i) the instructional materials recommended under Subsection (2)(f); or
127          (ii) other instructional materials in accordance with Subsection (2)(h).
128          (h) An LEA governing board that adopts instructional materials under Subsection
129     (2)(g)(ii) shall:
130          (i) ensure that the materials comply with state law and board rules;
131          (ii) base the adoption of the materials on the recommendations of the LEA governing
132     board's Curriculum Materials Review Committee; and
133          (iii) adopt the instructional materials in an open and regular meeting of the LEA
134     governing board for which prior notice is given to parents of students attending the respective
135     schools and an opportunity for parents to express their views and opinions on the materials at
136     the meeting.
137          (3) (a) A student shall receive age-appropriate instruction in the courses described in
138     Subsection (2) on at least two occasions during the period that begins with the beginning of
139     grade [8] 7 and ends with the end of grade 12.
140          (b) At the request of the state board, the Department of Health and Human Services
141     shall cooperate with the state board in developing programs to provide instruction in those
142     areas.
143          (4) (a) The state board shall adopt rules that:
144          (i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
145     are complied with; and
146          (ii) require a student's parent to be notified in advance and have an opportunity to
147     review the information for which parental consent is required under Sections 76-7-322 and
148     76-7-323.
149          (b) The state board shall also provide procedures for disciplinary action for violation of
150     Section 76-7-322 or 76-7-323.
151          (5) (a) In keeping with the requirements of Section 53G-10-204, and because school

152     employees and volunteers serve as examples to their students, school employees or volunteers
153     acting in their official capacities may not support or encourage criminal conduct by students,
154     teachers, or volunteers.
155          (b) To ensure the effective performance of school personnel, the limitations described
156     in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school
157     employee's or volunteer's official capacities if:
158          (i) the employee or volunteer knew or should have known that the employee's or
159     volunteer's action could result in a material and substantial interference or disruption in the
160     normal activities of the school; and
161          (ii) that action does result in a material and substantial interference or disruption in the
162     normal activities of the school.
163          (c) The state board or an LEA governing board may not allow training of school
164     employees or volunteers that supports or encourages criminal conduct.
165          (d) The state board shall adopt, in accordance with Title 63G, Chapter 3, Utah
166     Administrative Rulemaking Act, rules implementing this section.
167          (e) Nothing in this section limits the ability or authority of the state board or an LEA
168     governing board to enact and enforce rules or take actions that are otherwise lawful, regarding
169     educators', employees', or volunteers' qualifications or behavior evidencing unfitness for duty.
170          (6) Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious,
171     or denominational doctrine may not be taught in the public schools.
172          (7) (a) An LEA governing board and an LEA governing board's employees shall
173     cooperate and share responsibility in carrying out the purposes of this chapter.
174          (b) An LEA governing board shall provide appropriate professional development for
175     the LEA governing board's teachers, counselors, and school administrators to enable them to
176     understand, protect, and properly instruct students in the values and character traits referred to
177     in this section and Sections 53E-9-202, 53E-9-203, 53G-10-202, 53G-10-203, 53G-10-204,
178     and 53G-10-205, and distribute appropriate written materials on the values, character traits, and
179     conduct to each individual receiving the professional development.
180          (c) An LEA governing board shall make the written materials described in Subsection
181     (7)(b) available to classified employees, students, and parents of students.
182          (d) In order to assist an LEA governing board in providing the professional

183     development required under Subsection (7)(b), the state board shall, as appropriate, contract
184     with a qualified individual or entity possessing expertise in the areas referred to in Subsection
185     (7)(b) to develop and disseminate model teacher professional development programs that an
186     LEA governing board may use to train the individuals referred to in Subsection (7)(b) to
187     effectively teach the values and qualities of character referenced in this Subsection (7).
188          (e) In accordance with the provisions of Subsection (5)(c), professional development
189     may not support or encourage criminal conduct.
190          (8) (a) An LEA governing board shall review every two years:
191          [(a)] (i) LEA governing board policies on instruction described in this section;
192          [(b)] (ii) for a local school board, data for each county that the school district is located
193     in, or, for a charter school governing board, data for the county in which the charter school is
194     located, on the following:
195          [(i)] (A) teen pregnancy;
196          [(ii)] (B) child sexual abuse; and
197          [(iii)] (C) sexually transmitted diseases and sexually transmitted infections; and
198          [(c)] (iii) the number of pornography complaints or other instances reported within the
199     jurisdiction of the LEA governing board.
200          (b) An LEA governing board shall:
201          (i) use the data reviewed under Subsection (8)(a)(ii) to inform the policies described in
202     Subsection (8)(a)(i); and
203          (ii) incorporate the data reviewed under Subsection (8)(a)(ii) into the instruction
204     described in this section as the LEA governing board determines is appropriate.
205          (9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
206     section, or the application thereof to any person or circumstance, is found to be
207     unconstitutional, the balance of this section shall be given effect without the invalid provision,
208     subsection, sentence, clause, phrase, or word.
209          Section 2. Section 53G-10-403 is amended to read:
210          53G-10-403. Required parental consent for sex education instruction.
211          (1) As used in this section:
212          (a) (i) "Sex education instruction" means any course material, unit, class, lesson,
213     activity, or presentation that, as the focus of the discussion, provides instruction or information

214     to a student about:
215          (A) sexual abstinence;
216          (B) human sexuality;
217          (C) human reproduction;
218          (D) reproductive anatomy;
219          (E) physiology;
220          (F) pregnancy;
221          (G) marriage;
222          (H) childbirth;
223          (I) parenthood;
224          (J) contraception;
225          (K) HIV/AIDS;
226          (L) sexually transmitted diseases; [or]
227          (M) refusal skills, sexual assault resource strategies, and sexual violence behavior
228     prevention education, as those terms are defined in Section 53G-10-402; or
229          (N) the electronic transmission of sexually explicit images of the individual
230     distributing the images or another individual.
231          (ii) "Sex education instruction" does not include child sexual abuse prevention
232     instruction described in Section 53G-9-207.
233          (b) "School" means the same as that term is defined in Section 53G-10-205.
234          (2) A school shall obtain prior written consent from a student's parent before the school
235     may provide sex education instruction to the student.
236          (3) If a student's parent chooses not to have the student participate in sex education
237     instruction, a school shall:
238          (a) waive the requirement for the student to participate in the sex education instruction;
239     or
240          (b) provide the student with a reasonable alternative to the sex education instruction
241     requirement.
242          (4) In cooperation with the student's teacher or school, a parent shall take responsibility
243     for the parent's student's sex education instruction if a school:
244          (a) waives the student's sex education instruction requirement in Subsection (3)(a); or

245          (b) provides the student with a reasonable alternative to the sex education instruction
246     requirement described in Subsection (3)(b).
247          (5) A student's academic or citizenship performance may not be penalized if the
248     student's parent chooses not to have the student participate in sex education instruction as
249     described in Subsection (3).