Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 281 (2025GS)

Sponsor

Rep. Gricius, Stephanie

Final action

House/ to Governor 3/17/2025

Outcome

House/ to Governor

Summary

What it does

• This bill:
• defines terms;
• requires any health care provider to obtain informed parental consent before providing or facilitating telehealth or another health care service to a student within a public school;
• establishes requirements for certain restricted services, including:
• identifying who may and may not provide a restricted service; and
• requiring informed parental consent and certain parental notification;
• ensures that a local or state rule or policy does not create an exemption for otherwise prohibited endorsement, promotion, or disparagement of a certain religious belief or viewpoint;
• modifies required health instruction, including:
• establishing statutory purposes for the curriculum the state board establishes;
• adding situational awareness and the "success sequence";
• reorganizing duties and prohibitions regarding instruction, discussion, and advocacy of certain concepts;
• amends the effect of prior informed written parental consent and the allowable subjects in sex education instruction; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

18
53B-17-105
53G-9-214
53G-9-901
53G-9-902
53G-10-202
53G-10-402
53G-10-403
Health Curriculum and Procedures Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends provisions regarding health instruction and physical and mental health 
procedures in the public education system.
Highlighted Provisions:
This bill:
defines terms; 
requires the Utah Education and Telehealth Network and any health care provider to 
obtain written parental consent before providing or facilitating telehealth or another 
health care service to a student within a public school;
establishes requirements for in-school mental health therapy, including:
identifying who may and may not provide in-school mental health therapy; and
requiring parental consent and certain parental notification;
ensures that a local or state rule or policy does not create an exemption for otherwise 
prohibited endorsement, promotion, or disparagement of a certain religious belief or 
viewpoint;
modifies required health instruction, including:
establishing statutory purposes for the curriculum the state board establishes;
adding situational awareness and the "success sequence";
reorganizing duties and prohibitions regarding instruction, discussion, and advocacy of 
certain concepts;
amends the effect of prior written parental consent and the allowable subjects in sex 
education instruction; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53B-17-105
, as last amended by Laws of Utah 2021, Chapter 344
53G-10-202
, as last amended by Laws of Utah 2023, Chapter 294
53G-10-402
, as last amended by Laws of Utah 2024, Chapters 20, 507
53G-10-403
, as last amended by Laws of Utah 2019, Chapter 293
ENACTS:
53G-9-214
, Utah Code Annotated 1953
53G-9-901
, Utah Code Annotated 1953
53G-9-902
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53B-17-105
 is amended to read:
53B-17-105. Utah Education and Telehealth Network.
(1)
There is created the Utah Education and Telehealth Network, or UETN.
(2)
UETN shall:
(a)
coordinate and support the telecommunications needs of public and higher education, 
public libraries, and entities affiliated with the state systems of public and higher 
education as approved by the Utah Education and Telehealth Network Board, 
including the statewide development and implementation of a network for education, 
which utilizes satellite, microwave, fiber-optic, broadcast, and other transmission 
media;
(b)
coordinate the various telecommunications technology initiatives of public and 
higher education;
(c)
provide high-quality, cost-effective Internet access and appropriate interface 
equipment for schools and school systems;
(d)
procure, install, and maintain telecommunication services and equipment on behalf 
of public and higher education;
(e)
develop or implement other programs or services for the delivery of distance learning 
and telehealth services as directed by law;
(f)
apply for state and federal funding on behalf of:
(i)
public and higher education; and
(ii)
telehealth services;
(g)
in consultation with health care providers from a variety of health care systems, 
explore and encourage the development of telehealth services as a means of reducing 
health care costs and increasing health care quality and access, with emphasis on 
assisting rural health care providers and special populations; and
(h)
in consultation with the Utah Department of Health, advise the governor and the 
Legislature on:
(i)
the role of telehealth in the state;
(ii)
the policy issues related to telehealth;
(iii)
the changing telehealth needs and resources in the state; and
(iv)
state budgetary matters related to telehealth.
(3)
In performing the duties under Subsection 
(2)
, UETN shall:
(a)
provide services to schools, school districts, and the public and higher education 
systems through an open and competitive bidding process;
(b)
work with the private sector to deliver high-quality, cost-effective services;
(c)
avoid duplicating facilities, equipment, or services of private providers or public 
telecommunications service, as defined under Section 
54-8b-2
;
(d)
utilize statewide economic development criteria in the design and implementation of 
the educational telecommunications infrastructure;
 and
(e)
assure that public service entities, such as educators, public service providers, and 
public broadcasters, are provided access to the telecommunications infrastructure 
developed in the state
.
; and
(f)
before providing or facilitating any telehealth service to a student in a public school, 
obtain informed written consent of the student's parent, as defined in Section 
53E-1-103
, for the telehealth service.
(4)
The University of Utah shall provide administrative support for UETN.
(5)
(a)
The Utah Education and Telehealth Network Board, which is the governing board 
for UETN, is created.
(b)
The Utah Education and Telehealth Network Board shall have 13 members as 
follows:
(i)
five members representing the state system of higher education, of which at least 
one member represents technical colleges, appointed by the commissioner of 
higher education;
(ii)
four members representing the state system of public education appointed by the 
State Board of Education;
(iii)
one member representing the state library appointed by the state librarian;
(iv)
two members representing hospitals as follows:
(A)
the members may not be employed by the same hospital system;
(B)
one member shall represent a rural hospital;
(C)
one member shall represent an urban hospital; and
(D)
the chief administrator or the administrator's designee for each hospital 
licensed in this state shall select the two hospital representatives; and
(v)
one member representing the office of the governor, appointed by the governor.
(c)
When a vacancy occurs in the membership for any reason, the replacement shall be 
appointed for the unexpired term.
(d)
(i)
The board shall elect a chair.
(ii)
The chair shall set the agenda for the board meetings.
(6)
A member of the board may not receive compensation or benefits for the member's 
service, but may receive per diem and travel expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
(7)
The board:
(a)
shall hire an executive director for UETN who may hire staff for UETN as permitted 
by the budget;
(b)
may terminate the executive director's employment or assignment;
(c)
shall determine the executive director's salary;
(d)
shall annually conduct a performance evaluation of the executive director;
(e)
shall establish policies the board determines are necessary for the operation of UETN 
and the administration of UETN's duties; and
(f)
shall advise UETN in:
(i)
the development and operation of a coordinated, statewide, multi-option 
telecommunications system to assist in the delivery of educational services and 
telehealth services throughout the state; and
(ii)
acquiring, producing, and distributing instructional content.
(8)
The executive director of UETN shall be an at-will employee.
(9)
UETN shall locate and maintain educational and telehealth telecommunication 
infrastructure throughout the state.
(10)
Educational institutions shall manage site operations under policy established by 
UETN.
(11)
Subject to future budget constraints, the Legislature shall provide an annual 
appropriation to operate UETN.
(12)
If the network operated by the Division of Technology Services is not available, 
UETN may provide network connections to the central administration of counties and 
municipalities for the sole purpose of transferring data to a secure facility for backup and 
disaster recovery.
Section 2, Section 
53G-9-214
 is enacted to read:
53G-9-214. Health care services in public schools.
Before a health care provider, as defined in Section 
58-80a-102
, may provide or 
facilitate a health care service that is not traditionally available to a student in a public school, 
the health care provider shall obtain the informed written consent of the student's parent for the 
health care service.
Section 3, Section 
53G-9-901
 is enacted to read:
9. Mental Health Services in Public Schools 
53G-9-901. Definitions.
As used in this part:
(1)
(a)
"In-school mental health therapy" means a therapy, therapeutic strategy, or other 
mental health counseling that takes place in a school setting and includes:
(i)
mental health therapy as defined in Section 
26B-1-329
;
(ii)
the practice of mental health therapy as defined in Section 
58-61-102
;
(iii)
the diagnosis of a mental health disorder;
(iv)
psychoanalysis;
(v)
psychotherapy;
(vi)
hypnotherapy; or
(vii)
neuropsychology.
(b)
"In-school mental health therapy" does not include:
(i)
describing basic stress-management strategies;
(ii)
informing students of the availability of in-school mental health therapy; or
(iii)
engaging in generalized crisis response protocols that the state board establishes, 
which does not include one-on-one counseling.
(2)
"School-based mental health therapist" means an individual:
(a)
who holds:
(i)
a license as a mental health therapist as defined in Section 
58-60-102
; or
(ii)
a license or certification under 
Title 58, Chapter 60, Part 6
, Behavioral Health 
Coach and Technician Licensing Act; and
(b)
whom an LEA or school employs, or engages by contract, to support students' mental 
health through in-school mental health therapy.
Section 4, Section 
53G-9-902
 is enacted to read:
53G-9-902. Parental consent required -- Parental notification required.
(1)
Except as provided in a student's IEP or 504 plan:
(a)
an individual who is not a school-based mental health therapist may not provide 
in-school mental health therapy; and
(b)
an individual may not provide in-school mental health therapy in a traditional 
general education classroom setting with other students present in the classroom.
(2)
For a school-based mental health therapist to provide in-school mental health therapy:
(a)
the relevant LEA, school, or school-based mental health therapist shall obtain written 
parental consent before the first instance of in-school mental health therapy in a given 
school year; and
(b)
after each instance of in-school mental health therapy, on the day of the instance, the 
school-based mental health therapist shall provide to the student's parent:
(i)
notice that the instance took place; and
(ii)
a description of the topic and content of the therapy.
(3)
(a)
(i)
When obtaining the written parental consent described in Subsection 
(2)(a)
, 
the LEA or school shall provide the parent an opportunity to identify topics or 
issues the parent intends a school-based mental health therapist to address or to 
not address with the student.
(ii)
A school-based mental health therapist may not address a topic or issue for which 
a parent has expressly stated an intent for the therapist to not address with the 
student under this Subsection 
(3)(a)
.
(b)
The requirement to obtain prior parental consent before providing in-school mental 
health therapy described in Subsection 
(2)(a)
 does not apply in a case in which a 
delay to contact a parent would create a serious risk of suicide or serious bodily 
injury, as defined in Section 
76-1-101.5
, to the student or to another individual.
(c)
A student's IEP or 504 plan that includes in-school mental health therapy satisfies the 
parental consent requirement described in Subsection 
(2)(a)
.
(4)
(a)
The state board may make rules, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, regarding the application of this section to the 
actions of educators and staff in the public education system.
(b)
The state board shall, in consultation with the Department of Health and Human 
Services, provide guidance to school-based mental health therapists, educators, and 
school support staff on conduct and practices that constitute and do not constitute 
in-school mental health therapy
.
Section 5, Section 
53G-10-202
 is amended to read:
53G-10-202. Maintaining constitutional freedom in the public schools.
(1)
Except as provided in 
this section and in 
Section 
53G-10-206
, any instructional activity, 
performance, or display which includes examination of or presentations about religion, 
political or religious thought or expression, or the influence thereof on music, art, 
literature, law, politics, history, or any other element of the curriculum, including the 
comparative study of religions, which is designed to achieve academic educational 
objectives included within the context of a course or activity and conducted in 
accordance with applicable rules or policies of the state and LEA governing boards, may 
be undertaken in the public schools.
(2)
No aspect of cultural heritage, political theory, moral theory, or societal value shall be 
included within or excluded from public school curricula for the primary reason that it 
affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the 
existence of a spiritual realm or supreme being.
(3)
Public schools may not sponsor or deny the practice of prayer or religious devotionals.
(4)
School officials and employees may not
 use their positions 
, regardless of a school, 
LEA, or state board rule or policy, use the official's or employee's position 
to endorse, 
promote, or disparage a particular religious, denominational, sectarian, agnostic, or 
atheistic belief or viewpoint.
Section 6, Section 
53G-10-402
 is amended to read:
53G-10-402. Instruction in health -- Parental consent requirements -- Conduct 
and speech of school employees and volunteers -- Political and religious doctrine 
prohibited.
(1)
As used in this section:
(a)
"LEA governing board" means a local school board or charter school governing 
board.
(b)
"Refusal skills" means instruction:
(i)
in a student's ability to clearly and expressly refuse sexual advances by a minor or 
adult;
(ii)
in a student's obligation to stop the student's sexual advances if refused by another 
individual;
(iii)
informing a student of the student's right to report and seek counseling for 
unwanted sexual advances;
 and
(iv)
in sexual harassment; and
(v)
(iv)
informing a student that a student may not consent to criminally prohibited 
activities or activities for which the student is legally prohibited from giving 
consent, including the electronic transmission of sexually explicit images by an 
individual
, regardless of whether the image is
 of the individual 
who transmits the 
image 
or 
of 
another
 individual
.
(c)
"Situational awareness" means instruction in a student's ability to:
(i)
observe the student's environment, including:
(A)
increasing awareness; and
(B)
noticing details and changes in the environment; and
(ii)
respond in unsafe situations, including how to seek help.
(d)
"Success sequence" means a three-prong framework for youth and young adults that 
encourages:
(i)
completing at least a high school education and pursuing further educational 
opportunities;
(ii)
obtaining full-time employment; and
(iii)
marrying before having children.
(2)
(a)
The state board shall establish curriculum requirements under Section 
53E-3-501
 that 
include instruction in:
(i)
community and personal health;
(ii)
physiology;
(iii)
personal hygiene;
(iv)
prevention of communicable disease;
(v)
refusal skills; and
(vi)
the harmful effects of pornography.
(b)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the state 
board shall make rules that, and instruction shall:
(i)
stress the importance of abstinence from all sexual activity before marriage and fidelity 
after marriage as methods for preventing certain communicable diseases;
(ii)
stress personal skills that encourage individual choice of abstinence and fidelity;
(iii)
prohibit instruction in:
(A)
the intricacies of intercourse, sexual stimulation, or erotic behavior;
(B)
the advocacy of premarital or extramarital sexual activity; or
(C)
the advocacy or encouragement of the use of contraceptive methods or devices; and
(iv)
except as provided in Subsection (2)(d), allow instruction to include information about 
contraceptive methods or devices that stresses effectiveness, limitations, risks, and 
information on state law applicable to minors obtaining contraceptive methods or devices.
(c)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state 
board shall make rules for an LEA governing board that adopts instructional materials 
under Subsection (2)(g)(ii) that:
(i)
require the LEA governing board to report on the materials selected and the LEA 
governing board's compliance with Subsection (2)(h); and
(ii)
provide for an appeal and review process of the LEA governing board's adoption of 
instructional materials.
(d)
The state board may not require an LEA to teach or adopt instructional materials that 
include information on contraceptive methods or devices.
(e)
(i)
At no time may instruction be provided, including responses to spontaneous questions 
raised by students, regarding any means or methods that facilitate or encourage the 
violation of any state or federal criminal law by a minor or an adult.
(ii)
Subsection (2)(e)(i) does not preclude an instructor from responding to a spontaneous 
question as long as the response is consistent with the provisions of this section.
(f)
The state board shall recommend instructional materials for use in the curricula required 
under Subsection 
(2)(a)
.
(g)
An LEA governing board may choose to adopt:
(i)
the instructional materials recommended under Subsection (2)(f); or
(ii)
other instructional materials in accordance with Subsection (2)(h).
(h)
An LEA governing board that adopts instructional materials under Subsection (2)(g)(ii) 
shall:
(i)
ensure that the materials comply with state law and board rules;
(ii)
base the adoption of the materials on the recommendations of the LEA governing board's 
Curriculum Materials Review Committee; 
(iii)
adopt the instructional materials in an open and regular meeting of the LEA governing 
board for which prior notice is given to parents of students who attend the respective 
schools; and 
(iv)
give parents an opportunity to express the parents' views and opinions on the materials at 
the meeting described in Subsection (2)(h)(iii).
(2)
(a)
In accordance with Section 
53E-3-501
, the state board shall establish health 
curriculum requirements:
(i)
for the purpose of:
(A)
equipping students with practical safety skills regarding sexual abuse, 
trafficking, and harassment;
(B)
promoting respect for humankind and individual responsibility;
(C)
fostering character development and decision making through the success 
sequence; and
(D)
encouraging healthy personal and family relationships; and
(ii)
that include instruction in:
(A)
the success sequence;
(B)
community and personal health, including personal hygiene and the 
prevention of communicable disease;
(C)
physiology;
(D)
human development;
(E)
marriage and safe dating practices;
(F)
refusal skills;
(G)
resilience;
(H)
situational awareness;
(I)
the harmful effects of pornography; and
(J)
the consequences of behaviors that pose a risk to individual health or of failure 
under the success sequence.
(b)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
state board shall make rules that:
(i)
ensure that instruction stresses the importance of abstinence from all sexual 
activity before marriage and fidelity after marriage as methods for:
(A)
maintaining mental, physical, and social health, including reducing stress;
(B)
eliminating risks associated with sexual activity, including preventing 
pregnancy and certain communicable diseases; and
(C)
achieving the success sequence;
(ii)
ensure that instruction stresses personal skills that encourage abstinence and 
fidelity;
(iii)
prohibit instruction or discussion, regardless of parental consent or intent to 
receive the prohibited instruction, in or regarding:
(A)
the intricacies of sexual stimulation or erotic behavior;
(B)
the advocacy of premarital or extramarital sexual activity;
(C)
the advocacy or encouragement of the use of contraceptive methods or 
devices; and
(D)
any means or methods that facilitate or encourage the violation of any state or 
federal criminal law by a minor or an adult, including as a response to a 
spontaneous question from a student; and
(iv)
subject to Subsection 
(2)(c)
, allow instruction to include information about 
contraceptive methods or devices that stresses effectiveness, limitations, risks, and 
information on state law applicable to minors obtaining contraceptive methods or 
devices.
(c)
(i)
As used in this Subsection 
(2)
, "contraceptive methods or devices" does not 
include abortion or any abortive methods.
(ii)
Notwithstanding the allowance for instruction about contraceptive methods or 
devices in Subsection 
(2)(b)
:
(A)
the state board may not require an LEA to teach or adopt instructional 
materials that include information on contraceptive methods or devices; and
(B)
an individual may not demonstrate or otherwise depict the use of a 
contraceptive method or device.
(d)
The state board shall:
(i)
recommend instructional materials for use in the curricula required under 
Subsection 
(2)(a)
; and
(ii)
in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
make rules for an LEA governing board that adopts alternative instructional 
materials under Subsection 
(2)(e)
 to:
(A)
require the LEA governing board to report on the materials the governing 
board selects and the governing board's compliance with Subsection 
(2)(e)
; and
(B)
provide for an appeal and review process of the LEA governing board's 
adoption of instructional materials.
(e)
(i)
An LEA governing board may choose to adopt:
(A)
the instructional materials recommended under Subsection 
(2)(d)
; or
(B)
alternative instructional materials in accordance with Subsection 
(2)(e)(ii)
.
(ii)
An LEA governing board that adopts instructional materials under Subsection 
(2)(e)(i)
 shall:
(A)
ensure that the materials comply with state law and state board rules;
(B)
base the adoption of the materials on the recommendations of the LEA 
governing board's Curriculum Materials Review Committee; 
(C)
adopt the instructional materials in an open and regular meeting of the LEA 
governing board for which parents of students who attend the respective 
schools receive prior notice; and
(D)
give parents an opportunity to express the parents' views and opinions on the 
materials at the meeting described in Subsection (2)(e)(ii)(C).
(f)
At the request of the state board, the Department of Health and Human Services shall 
provide recommendations to the state board as the state board develops the 
curriculum, rules, or programs described in this Subsection 
(2)
.
(3)
(a)
A student shall receive 
the 
instruction 
in the courses 
described in Subsection 
(2)
 on 
at least two occasions 
during the period that begins with
between
 the beginning of grade 8 
and the end of grade 12.
(b)
At the request of the state board, the Department of Health and Human Services shall 
cooperate with the state board in developing programs to provide instruction in those areas.
(4)
(a)
The state board shall
 adopt
, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, make
 rules that:
(i)
provide 
that
for the compliance with
 the parental consent requirements of 
Sections 
76-7-322
and 
76-7-323
 are complied with
; and
(ii)
require 
advance notice to 
a student's parent
 to be notified in advance and have
that provides
 an opportunity to review the information for which parental consent 
is required under Sections 
76-7-322
 and 
76-7-323
.
(b)
The state board shall 
also 
provide procedures for disciplinary action for violation of 
Section 
76-7-322
 or 
76-7-323
.
(5)
(a)
In 
keeping with the requirements of
accordance with
 Section 
53G-10-204
 and 
Subsection 
(2)
(b)(iii)
, and because school employees and volunteers serve as 
examples to students, school employees or volunteers acting in an official capacity 
may not support or encourage criminal conduct by students, teachers, or volunteers.
(b)
To ensure the effective performance of school personnel, the limitations described in 
Subsection 
(5)(a)
 also apply to a school employee or volunteer acting outside of the 
school employee's or volunteer's official capacity if:
(i)
the employee or volunteer knew or should have known that the employee's or 
volunteer's action could result in a material and substantial interference or 
disruption in the normal activities of the school; and
(ii)
that
the employee's or volunteer's
 action 
does result
results
 in a material and 
substantial interference or disruption in the normal activities of the school.
(c)
The state board or an LEA governing board may not allow training of school 
employees or volunteers that 
support
supports
 or 
encourage
encourages
 criminal 
conduct.
(d)
The state board shall
 adopt
, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, 
make 
rules implementing this 
section
Subsection 
(5)
.
(e)
Nothing in this section limits the ability or authority of the state board or an LEA 
governing board to enact and enforce rules or take actions that are otherwise lawful
,
regarding an educator's, employee's, or volunteer's qualifications or behavior 
evidencing unfitness for duty.
(6)
Except as provided in Section 
53G-10-202
, 
an individual may not teach or provide 
instruction on 
political, atheistic, sectarian, religious, or denominational doctrine 
may 
not be taught 
in the public schools.
(7)
(a)
An LEA governing board and an LEA governing board's employees shall 
cooperate and share responsibility in carrying out the purposes of this chapter.
(b)
An LEA governing board shall
:
(i)
(A)
provide appropriate professional development for the LEA governing 
board's teachers, counselors, and school administrators to enable the teachers, 
counselors, and school administrators to understand, protect, and properly 
instruct students in the values and character traits referred to in this section and 
Sections 
53E-9-202
, 
53E-9-203
, 
53G-10-202
, 
53G-10-203
, 
53G-10-204
, and 
53G-10-205
,
;
 and
(B)
distribute appropriate written materials on the values, character traits, and 
conduct 
described in Subsection 
(7)(b)(i)
to each individual receiving the 
professional development
.
; and
(c)
(ii)
An LEA governing board shall 
make the written materials described in 
Subsection 
(7)(b)
 available to classified employees, students, and students' parents.
(d)
(c)
In order to
To
 assist an LEA governing board in providing the professional 
development required under Subsection 
(7)(b)
, the state board shall, as appropriate, 
contract with a qualified individual or entity possessing expertise in the areas 
referred to
described
 in Subsection 
(7)(b)
 to develop and disseminate model teacher 
professional development programs that an LEA governing board may use to train 
the individuals 
referred to
described
 in Subsection 
(7)(b)
 to effectively teach the 
values and qualities of character 
referenced
described
 in Subsection 
(7)(b)
.
(e)
(d)
In accordance with 
the provisions of 
Subsection 
(5)(c)
, professional 
development may not support or encourage criminal conduct.
(8)
An LEA governing board shall review every two years:
(a)
LEA governing board policies on instruction described in this section;
(b)
for a local school board, data for each county 
that
in which
 the school district is 
located
 in
, or, for a charter school governing board, data for the county in which the 
charter school is located, on the following:
(i)
teen pregnancy;
(ii)
child sexual abuse; and
(iii)
sexually transmitted diseases and sexually transmitted infections; and
(c)
the number of pornography complaints or other instances reported within the 
jurisdiction of the LEA governing board.
(9)
If any one or more provision, subsection, sentence, clause, phrase, or word of this 
section, or the application thereof to any person or circumstance, is found to be 
unconstitutional, the balance of this section shall be given effect without the invalid 
provision, subsection, sentence, clause, phrase, or word.
Section 7, Section 
53G-10-403
 is amended to read:
53G-10-403. Required parental consent for sex education instruction.
(1)
As used in this section:
(a)
(i)
"Sex education instruction" means
, for the purpose of the parental consent 
requirement in this section,
 any course material, unit, class, lesson, activity, or 
presentation that, as the focus of the discussion, provides instruction or 
information to a student about:
(A)
sexual abstinence;
(B)
human 
sexuality
development, including puberty and maturation
;
(C)
human 
reproduction
reproductive processes, including conception, fetal 
development, and birth
;
(D)
human 
reproductive anatomy
;
 and 
(E)
physiology;
(F)
pregnancy;
(G)
(E)
healthy dating practices, 
marriage
, and parenthood, in accordance with 
the success sequence as defined in Section 
53G-10-402
;
(H)
childbirth;
(I)
parenthood;
(F)
adoption in accordance with Section 
53G-10-404
;
(J)
(G)
contraception
information about contraceptive methods or devices in 
accordance with Subsections 
53G-10-402(2)(b)
 and (c)
;
(K)
HIV/AIDS;
(L)
(H)
chronic, infectious, and acute diseases and conditions of the reproductive 
system, including 
sexually transmitted 
infections and 
diseases; or
(M)
(I)
refusal skills, as defined in Section 
53G-10-402
.
(ii)
"Sex education instruction" does not include
:
(A)
child sexual abuse prevention instruction described in Section 
53G-9-207
.
; or
(B)
instruction in refusal skills or situational awareness, as those terms are defined 
in Section 
53G-10-402
.
(b)
"School" means the same as that term is defined in Section 
53G-10-205
.
(2)
(a)
A school shall obtain prior written consent from a student's parent before the 
school may provide sex education instruction to the student.
(b)
A school may not provide:
(i)
sex education instruction to a student without the prior written consent described 
in Subsection 
(2)(a)
; or
(ii)
any instruction related to sex that is not:
(A)
described in the definition of sex education and subject to the prior written 
consent described in Subsection 
(2)(a)
; or
(B)
otherwise provided for or described in Section 
53G-10-402
.
(3)
If a student's parent chooses not to have the student participate in sex education 
instruction, a school shall:
(a)
waive the requirement for the student to participate in the sex education instruction; 
or
(b)
provide the student with a reasonable alternative to the sex education instruction 
requirement
 that does not include the content described in Subsection 
(1)(a)
.
(4)
In cooperation with the student's teacher or school, a parent 
shall take responsibility for 
the parent's student's 
is responsible for the 
sex education instruction
 of the parent's 
student
 if a school:
(a)
waives the student's sex education instruction requirement 
in
under
 Subsection 
(3)(a)
; 
or
(b)
provides the student with a reasonable alternative to the sex education instruction 
requirement 
described in
under
 Subsection 
(3)(b)
.
(5)
A 
school, an LEA governing board, or the state board may not penalize a 
student's 
academic or citizenship performance 
may not be penalized 
if the student's parent 
chooses not to have the student participate in sex education instruction as described in 
Subsection 
(3)
.
Section 8. 
Effective Date.
This bill takes effect on 
July 1, 2025
.
1-20-25 1:26 PM