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68th Legislature 2023 HB 502.1
1 HOUSE BILL NO. 502
2 INTRODUCED BY K. SEEKINS-CROWE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO HUMAN SEXUALITY
5 INSTRUCTION; REVISING REQUIREMENTS FOR PARENTAL NOTIFICATION AND ACCESS TO
6 CURRICULUM MATERIALS; ESTABLISHING A REMEDY FOR VIOLATIONS; AMENDING SECTION 20-7-
7 120, MCA; AND PROVIDING AN EFFECTIVE DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 1. Section 20-7-120, MCA, is amended to read:
12 "20-7-120. Excused absences from curriculum requirements -- notice -- prohibited activities.
13 (1) A parent, guardian, or other person who is responsible for the care of a child may refuse to allow the child to
14 attend or withdraw the child from a course of instruction, a class period, an assembly, an organized school
15 function, or instruction provided by the district through its staff or guests invited at the request of the district
16 regarding human sexuality instruction. The withdrawal or refusal to attend is an excused absence pursuant to
17 20-5-103.
18 (2) Any school implementing or maintaining a curriculum, providing materials, or holding an event
19 or assembly at which the district provides human sexuality instruction, whether introduced by school educators,
20 administrators, students, or officials or by guests invited at the request of the school, shall adopt a policy
21 ensuring parental or guardian notification no not less than 48 hours or more than 10 days prior to holding an
22 event or assembly or introducing materials for instructional use.
23 (3) A school district shall annually notify the parent or guardian of each student scheduled to be
24 enrolled in human sexuality instruction in the district or school in advance of the instruction of:
25 (a) the basic content of the district's or school's human sexuality instruction intended to be taught
26 to the student; and
27 (b) the parent's or guardian's right to withdraw the student from the district's or school's human
28 sexuality instruction.
-1- Authorized Print Version – HB 502
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68th Legislature 2023 HB 502.1
1 (4) A school district shall make all curriculum materials used in the district's or school's human
2 sexuality instruction available for public inspection and copying for noncommercial use prior to the use of the
3 materials in actual instruction.
4 (5) A school district or its personnel or agents may not permit a person, entity, or any affiliate or
5 agent of the person or entity to offer, sponsor, or furnish in any manner any course materials or instruction
6 relating to human sexuality or sexually transmitted diseases to its students or personnel if the person, entity, or
7 any affiliate or agent of the person or entity is a provider of abortion services.
8 (6) For purposes of this section, "human sexuality instruction" means teaching or otherwise
9 providing information about human sexuality, including intimate relationships, human sexual anatomy, sexual
10 reproduction, sexually transmitted infections, sexual acts, sexual orientation, gender identity, abstinence,
11 contraception, or reproductive rights and responsibilities.
12 (7) Violation of this section constitutes "gross neglect of duty" under 20-4-110."
13
14 NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 2023.
15 - END -
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Statutes affected:
HB0502_1.pdf: 20-7-120
HB0502_2.pdf: 20-7-120
Amended: 20-7-120
Introduced: 20-7-120