Why is sexual education taught in schools?
Sexual activity has consequences. Though the teen birth rate has declined to its lowest levels since data collection began, the United States still has the highest teen birth rate in the industrialized world. Roughly one in four girls will become pregnant at least once by their 20th birthday. Teenage mothers are less likely to finish high school and are more likely than their peers to live in poverty, depend on public assistance, and be in poor health. Their children are more likely to suffer health and cognitive disadvantages, come in contact with the child welfare and correctional systems, live in poverty, drop out of high school and become teen parents themselves. These costs add up, according to The National Campaign to Prevent Teen and Unplanned Pregnancy, which estimates that teen childbearing costs taxpayers at least $9.4 billion annually.
Adolescents are disproportionately affected by sexually transmitted infections (STIs). Young people ages 15 to 24 represent 25 percent of the sexually active population, but acquire half of all new STIs, which amounts to 9.8 million new cases a year. About 3.2 million adolescent females are infected with at least one of the most common STIs. Human papillomavirus is the most common STI among teens; some estimates find that up to 35 percent of teens ages 14 to 19 have HPV. Girls age 15 to 19 have the highest rates of Gonorrhea and the second highest rate of Chlamydia of any age group. Young males also get STIs, but their infections often are undiagnosed and unreported because they are less likely to have symptoms or seek medical care. The most recent data available, in 2000, indicates the estimated direct medical costs for treating young people with sexually transmitted infections was $6.5 billion annually, excluding costs associated with HIV/AIDS. In 2011, approximately 24 percent of new HIV diagnoses were young people age 13 to 24.
2015 Sex Education Legislation
(Updated status as of March 13, 2015)
State |
Bill/ Summary/ Status |
Arizona |
HB 2476
Amends existing law to allow school districts to provide sex education
unless a parent provides written permission for a student to opt out of
instruction. Requires that school districts provide sex education that
is medically accurate and age- and developmentally appropriate in grades
kindergarten through 12. Creates additional requirements for sex
education, including teaching the benefits of delaying sexual activity
and the importance of using effective contraceptives to prevent
unintended pregnancy, HIV/AIDS and other sexually transmitted diseases.
Education requirements also include information to support students in
developing healthy relationships and skills such as communication,
critical thinking and decision making. Requires the Department of
Education, among other things, to develop list of appropriate curricula
and create rules for instructor qualifications. Introduced. |
California |
AB 329
States the intent of the Legislature to enact legislation that would
review and update the current sexual health education curriculum that is
provided to pupils in schools to reflect the advances in
age-appropriate sexual health instruction, including, but, not limited
to, healthy relationships and dating violence. Introduced. AB 517 Amends the State Comprehensive Sexual Health and HIV/AIDS Prevention Education Act that authorizes school districts to provide sexual health education that include HIV/AIDS prevention education. Requires district that elect to provide education taught by outside consultants, or elect hold to an assembly to deliver such education by guest speakers, to request written permission from a pupil's parent or guardian. Prohibits a student's attendance without such permission. Authorizes related alternative education. To Assembly Committee on Education. AB 827 Adds to additional laws related to requirements for school districts that offer comprehensive sexual education. Requires a school district that elects to offer comprehensive sexual education to also provide information on local resources for counseling for sexually transmitted diseases. To Assembly Committee on Education |
Colorado |
SB 77
Creates a parent’s bill of rights that includes the ability of a parent
to withdraw their child from an activity, class or program that
includes any material or activities to which he or she objects on the
basis that it is harmful. Objection includes that the materials or
activities question beliefs or practices in sex, morality or religion. Passed Senate; To House Committee on Public Health Care & Human Services. |
Georgia |
HB 406
Provides for age-appropriate sexual abuse and assault awareness and
prevention education in kindergarten through grade 12. Also provides
that professional learning and in-service training may include programs
on sexual abuse and assault awareness and prevention. To House Committee on Education; Read second time. |
Hawaii |
HB 459 / SB 395
Amends existing sexuality health education law to specify additional
requirements for information that helps students form healthy
relationships and communication skills, as well as critical thinking,
decision making and stress management skills, and encourages students to
communicate with adults. Requires all public schools to implement sex
education consistent with these requirements beginning in 2016-2017.
Allows written permission by a parent or legal guardian to opt out of
sexuality education. Allows the Department of Education to make
modifications to ensure age-appropriate curricula in elementary school.
Requires the Department to maintain a public list of curricula that
meets requirements of law and to create standards for instructor
qualifications. House version: Passed House; to Senate Committee on Education. Senate version: Referred to Committee on Education and Committee on Health; Subsequent referral set for Committee on Ways and Means. HB 595 Amends existing sexuality health education law to specify additional requirements for information that helps students form healthy relationships and communication skills, as well as critical thinking, decision making and stress management skills, and encourages students to communicate with adults. Allows written permission by a parent or legal guardian to opt out of sexuality education. Allows the Department of Education to make modifications to ensure age-appropriate curricula in elementary school. Requires the Board of Education to collaborate with the Department to maintain a public list of curricula that meets requirements of law. Requires the Department to create standards for instructor qualifications. Referred to House Committee on Health; Subsequent referral set for Committee on Education. SCR 29 Resolution encourages the Board of Education to amend its policies to require health education in public middle schools and to clarify sexual health education requirements, including that parents can opt their children out of sexual health education. Also encourages the Board of Education and Department of Education to rescind a ban on condom distribution for all public school students. Referred to Committee on Education; Subsequent referral set for Committee on Ways and Means. |
Indiana |
SB 497
Requires the state Department of Health and the Department of Education
to cooperatively identify and report to the General Assembly
appropriate academic standards and curricula concerning health education
and sex education. The standards and curricula must be evidence based,
age appropriate and must use established medical principles. Referred to Senate Committee on Education and Career Development. |
Kansas |
HB 2199
Requires parental consent for sexuality education and provides that
sexuality education materials will be available for parental review.
Also requires the boards of education of each school district to adopt
policies and procedures related to sexuality education, including
prohibiting the distribution of materials to any student whose parent
has not consented. Referred to House Committee on Appropriations. |
Kentucky |
HB 231 Requires
school districts, public schools or family resource and youth services
centers that offer human sexuality education to use science-based
standards with age-appropriate, culturally sensitive and medically
accurate information. Information includes, but is not limited to
abstinence education and contraception. Mandates the option for parent
or guardian to opt out from human sexuality education and for content to
be available for review upon request. Does not require school
districts, public schools and family resource and youth services centers
to provide human sexuality education. Also allows the Cabinet for
Health and Family Services to refuse federal funding that requires
teaching abstinence-only programs. If state funds are appropriated for
human sexuality education, requires the Cabinet to meet the same
science-based, age-appropriate, culturally sensitive and medically
accurate standards as above. Any organization receiving state funds that
offers human sexuality education or pregnancy prevention services must
also use the same standards. Referred to House Committee on Education. |
Mississippi |
HB 318
Creates the Mississippi Comprehensive Communities of Color Teen
Pregnancy Prevention Act, which requires the Department of Human
Services and the Department of Health to develop certain programs and
strategies promoting pregnancy prevention and providing information on
the consequences of unprotected, uninformed and underage sexual
activity. Programs and strategies include counseling and education about
postponing sexual activity, information about consequences of pregnancy
and parenthood, and medically accurate information about contraceptive
options. Failed; Died in Committee. |
Missouri |
HB 353
Amends laws related to sex education in schools. In addition to
existing criteria of medically and factually accurate, requires that
curricula must also be age appropriate and based on peer review. Adds
stipulations to cover certain topics, including helping students develop
critical thinking, decision making, and stress management skills in
order to support healthy relationships. Specifies that curricula promote
communication with parents. Also adds to curricula information on
sexual predators, internet safety and consequences of inappropriate text
messaging. Introduced. SB 61 Creates the Teen Dating Violence Prevention Education Act to provide students with the knowledge, skills and information to prevent and respond to teen dating violence. Authorizes school districts and charter schools to provide teen dating violence education as part of the sexual health and health education program in grades seven through 12 and to establish related curriculum or materials. Also allows age-appropriate instruction on domestic violence. Referred to Senate Committee on Education. |
New Jersey |
AB 2379
Requires school districts to include information on reproductive
coercion as part of the existing dating violence education program in
grades seven through 12. Referred to Assembly Committee on Education. |
New York |
A 1037
Amends existing law to add prevention of sexual abuse and assault to
health education in all public schools. Requires instruction to be based
on current practice and standards and to include recognizing, avoiding,
refusing and reporting sexual abuse and assault. Establishes teacher
training and standards for instructors in elementary and secondary
school. Referred to Assembly Committee on Education. A 1616 / S 700 Establishes an age-appropriate sex education grant program through the Department of Health. Requires that applicants teach information that is medically accurate and age appropriate and does not teach religion. Makes provisions for other components, which are not required but may not be contradicted by programs, including instruction that: teaches and stresses abstinence as well as provides information about contraceptives, teaches skills that support development of health life skills and decision making skills, and encourages communication with parents, among other things. Authorizes the commissioner to determine certain topics of instruction to be optional for age-appropriate reasons. Assembly Version: To Assembly Committee on Health. Senate Version: To Senate Committee on Health. S 1889 Establishes an age-appropriate sex education grant program through the Department of Health. Requires that applicants teach information that is medically accurate and age appropriate and does not teach religion. Makes provisions for other components, which are not required but may not be contradicted by programs, including instruction that: teaches and stresses abstinence as well as provides information about contraceptives, teaches skills that support development of health life skills and decision making skills, and encourages communication with parents, among other things. Authorizes the commissioner to determine certain topics of instruction to be optional for age-appropriate reasons. Referred to Senate Committee on Health. S 905 Mandates comprehensive, medically accurate and age-appropriate sex education be taught in grades one through 12 in all public schools. Provides that the Commissioner of Education will create and establish a curriculum to accomplish such goal within one year of the effective date of this legislation. Allows boards of education to adopt their own curricula with approval of Commissioner of Education. Referred to Senate Committee on Education. |
North Carolina |
H 29
Repeals existing health education statute. Requires the same
comprehensive health education and reproductive health education as
existing law. Makes organizational to language of law. Referred to House Committee on Education. |
South Carolina |
HB 3447
Amends existing law related to comprehensive health education in
schools to include that instruction must be medically accurate. Also
requires school districts to publish on its website the title and author
of health education materials used. Referred to House Committee on Education and Public Works. |
Texas |
HB 78
Amends education law related to human sexuality education in public
schools. Mandates the State Board of Education to adopt the essential
knowledge and skills for medically accurate, age-appropriate curriculum
to be used by school districts in providing human sexuality education.
Requires curricula to cover such topics as: emphasizing abstinence,
providing information on contraceptives, promoting relationship,
communication and decision making skills, and encouraging communication
with adults. Requires school districts to make curricula reasonably
publicly available and to provide written notice to parents about
providing sexuality education. Students can be excused from sexuality
education with written request of a parent or legal guardian. Referred to House Committee on Public Education. HB 467 Amends law related to education regarding AIDS and HIV infection to emphasize abstinence as only way to avoid pregnancy and sexually transmitted infections. Considered in public hearing; Left pending in House Committee on Public Health. SB 88 Amends and adds to existing sexuality education requirements that instruction must be age-appropriate, medically accurate and include information on contraceptives in addition to promoting abstinence. Also mandates that instruction cover, among other things, healthy life and decision making skills, and communication with family members. Referred to Senate Committee on Education. SB 297 Requires health education in public schools to be evidence based. Referred to Senate Committee on Education. SB 300 Adds requirements to existing law related to written notice to parents of a school district’s human sexuality instruction. Requires that school districts include in the notification information about the curricula’s required emphasis on abstinence and whether a school district is providing abstinence-only or comprehensive sexuality instruction. Referred to Senate Committee on Education. |
Washington |
SB 5506 Adds information on sexual assault and violence prevention and understanding consent to existing health education requirement. Public hearing scheduled. |
State Laws on Medical Accuracy in Sex Education
Statutes
|
Summary
|
---|---|
Arizona Ariz. Rev. Stat. § 15.716 |
Each school district may provide instruction on HIV/AIDS. It
should be medically accurate and the Department of Health Services or
the Department of Education can be consulted to review curriculum for
medical accuracy and teacher training. |
California Cal. Educ. Code § 51930-51939 |
School districts may provide comprehensive, age-appropriate sex
education from kindergarten through grade 12. The information must be
medically accurate, factual, and objective. In grade seven, information
must be provided on the value of abstinence while also providing
medically accurate information on other methods of preventing pregnancy
and STIs. A school district that elects to offer comprehensive sex
education earlier than grade seven may provide age-appropriate and
medically accurate information. |
Colorado Colo. Rev. Stat. § 22-1-110.5 Colo. Rev. Stat. § 22-1-128; 25-44-101-104; 22-25-110; 25.5-5-603 |
A school district that offers a human sexuality curriculum shall
maintain content standards for the curriculum that are based on
scientific research. Curriculum content standards shall also be
age-appropriate, culturally sensitive, and medically accurate according
to published authorities upon which medical professionals generally
rely. Creates the comprehensive human sexuality education grant program in the department of public health and environment. The purpose of the program is to provide funding to public schools and school districts to create and implement evidence based, medically accurate, culturally sensitive and age appropriate comprehensive human sexuality education programs. Creates the interagency “youth sexual health team,” to function as the oversight entity of the grant program. |
Hawaii Hawaii Rev. Stat. § 321-11.1 |
Sex education programs funded by the state shall provide medically
accurate and factual information that is age appropriate and includes
education on abstinence, contraception, and methods of disease
prevention to prevent unintended pregnancy and STIs, including HIV. Medically accurate is defined as verified or supported by research conducted in compliance with accepted scientific methods and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists. |
Illinois 105 ILCS 5/27-9.1 150 ILCS 110/3 |
If a school district chooses to provide sex education courses, curricula is required to be developmentally and age appropriate, medically accurate, evidence-based and complete. Requires comprehensive sex education offered in grades six through 12 to include instruction on both abstinence and contraception for the prevention of pregnancy and STDs. Requires course material and instruction replicate evidence-based programs or substantially incorporate elements of evidence-based programs. Requires the State Board of Education to make available sex education resource materials. Allows parents to opt out. |
Iowa Iowa Code § 279.50 |
Each school board shall provide age-appropriate and research-based
instruction in human growth and development including instruction
regarding human sexuality, self-esteem, stress management, interpersonal
relationships, domestic abuse, HPV and the availability of a vaccine to
prevent HPV, and acquired immune deficiency syndrome in grades one
through 12. Research-based includes information recognized as medically
accurate and objective by leading professional organizations and
agencies with relevant expertise in the field. |
Maine Me. Rev. Stat. Ann. tit. 22 § 1902 |
Defines "comprehensive family life education" as education from
kindergarten to grade 12 regarding human development and sexuality,
including education on family planning and sexually transmitted
diseases, that is medically accurate and age appropriate. |
Michigan Mich. Comp. Laws § 380.1169 |
The superintendent of a school district shall cooperate with the
Department of Public Health to provide teacher training and provide
medically accurate materials for instruction of children about HIV/AIDS. |
Minnesota Minn. Stat. § 121A.23 |
The commissioner of education and the commissioner of health shall
assist school districts to develop a plan to prevent or reduce the risk
of sexually transmitted diseases. Districts must have a program that
has technically accurate information and curriculum. |
Missouri Mo. Rev. Stat. § 170.015 Mo. Rev. Stat. § 191.668 |
Any course materials and instructions related to human sexuality
and STIs shall be medically and factually accurate. The department of
health and senior services shall prepare public education and awareness
plans and programs for the general public, and the department of
elementary and secondary education shall prepare educational programs
for public schools, regarding means of transmission and prevention and
treatment of the HIV virus. Beginning with students in the sixth grade,
materials and instructions shall also stress that STIs are serious,
possible health hazards of sexual activity. The educational programs
shall stress moral responsibility in and restraint from sexual activity
and avoidance of controlled substance use whereby HIV can be
transmitted. Students shall be presented with the latest medically
factual and age-specific information regarding both the possible side
effects and health benefits of all forms of contraception. |
New Jersey* |
Family life education curriculum must be aligned with the most
recent version of the New Jersey Core curriculum Content Standards which
requires that instructional material be current, medically accurate and
supported by extensive research. |
North Carolina N.C. Gen. Stat. § 115C-81 |
Reproductive health and safety education must provide factually
accurate biological or pathological information that is related to the
human reproductive system. Materials used must be age appropriate,
objective and based upon scientific research that is peer reviewed and
accepted by professional and credentialed experts in the field of sexual
health education. |
Oklahoma Okl. Stat. Ann. tit. 70 § 11-103.3 |
The State Department of Education shall develop curriculum and materials for AIDS prevention education in conjunction with the State Department of Health. A school district may also develop its own AIDS prevention
education curriculum and materials. Any curriculum and materials
developed for use in the public schools shall be approved for medical
accuracy by the State Department of Health. The State Department of Health and the State Department of Education shall update AIDS education curriculum material as newly discovered medical facts make it necessary. |
Oregon Or. Rev. Stat. § 336.455 |
Each school district shall provide age-appropriate human sexuality
education courses in all public elementary and secondary schools as an
integral part of the health education curriculum. Curriculum must also
be medically accurate, comprehensive, and include information about
responsible sexual behaviors and hygienic practices that eliminate or
reduce the risks of pregnancy and the risks of exposure to HIV,
hepatitis B, hepatitis C and other STIs. Information about those risks
shall be presented in a manner designed to allay fears concerning risks
that are scientifically groundless. |
Rhode Island R.I. Gen. Laws § 16-22-17 |
The department of elementary and secondary education shall,
pursuant to rules promulgated by the commissioner of elementary and
secondary education and the director of the department of health,
establish comprehensive AIDS (acquired immune deficiency syndrome)
instruction, which shall provide students with accurate information and
instruction on AIDS transmission and prevention, and which course shall
also address abstinence from sexual activity as the preferred means of
prevention, as a basic education program requirement. |
Tennessee Tenn. Code Ann. § 49-6-1301 et seq. |
Requires local education agencies to develop and implement a
family life education program if the teen pregnancy rate in any county
exceeds 19.5 pregnancies per 1,000 females aged 11 through 18. Requires
curriculum be age-appropriate and provide factually and medically
accurate information. Prohibits instruction and distribution of
materials that promote “gateway sexual activity.” Requires that parents
or guardians be notified in advance of a family life program, allowed to
examine instruction materials, and provide written consent for a
student to participate in or opt-out of family life education. |
Texas Tex. Health and Safety Code § 85.004 |
The department shall develop model education programs to be
available to educate the public about AIDS and HIV infection. The
programs must be scientifically accurate and factually correct. |
Utah** |
The State Office of Education must approve all sexuality education
programs through the State Instructional Material Commission. Programs
must be medically accurate. |
Washington Wash. Rev. Code § 28A.230.070 Wash. Rev. Code § 28A.300.475 |
Schools shall adopt an AIDS prevention education program using
model curriculum or district-designed curriculum approved for medical
accuracy by the office on AIDS within the department of social and
health services. The curriculum shall be updated as necessary to
incorporate newly discovered medical facts. By September 1, 2008, every public school that offers sexual health education must assure that sexual health education is medically and scientifically accurate, age-appropriate, appropriate for students regardless of gender, race, disability status, or sexual orientation, and includes information about abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases. All sexual health information, instruction, and materials must be medically and scientifically accurate. Abstinence may not be taught to the exclusion of other materials and instruction on contraceptives and disease prevention. |
Wisconsin Wis. Stat. § 118.019 |
A school board may provide an instructional program in human growth and development in grades kindergarten through 12. Program shall be medically accurate and age-appropriate. Abstinence will be presented as the sure way to prevent pregnancy and STIs. Instruction must identify the skills necessary to remain abstinen |
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