Bill Summary – FastDemocracy

67th Legislature                                                                                                     SB 99.1
                                                    SENATE BILL NO. 99
                                                  INTRODUCED BY C. SMITH
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   A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING PARAMETERS FOR K-12 HUMAN SEXUALITY
   EDUCATION; REQUIRING A SCHOOL DISTRICT TO OBTAIN WRITTEN CONSENT FROM A PARENT OR
   GUARDIAN BEFORE INSTRUCTING STUDENTS IN HUMAN SEXUALITY EDUCATION; REQUIRING A
   SCHOOL DISTRICT TO INFORM A PARENT OR GUARDIAN WHEN EVENTS OR COURSES ON HUMAN
   SEXUALITY WILL BE HELD OR TAUGHT; PROHIBITING A SCHOOL DISTRICT FROM ALLOWING ANY
   ABORTION SERVICES PROVIDER TO OFFER MATERIALS OR INSTRUCTION AT A SCHOOL; AMENDING
   SECTION 20-5-103, MCA; AND PROVIDING AN EFFECTIVE DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 20-5-103, MCA, is amended to read:
              "20-5-103. Compulsory attendance and excuses. (1) Except as provided in subsection (2), any
   parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older
   prior to the first day of school in any school fiscal year shall cause the child to attend the school in which the
   child is enrolled for the school term and each school day in the term prescribed by the trustees of the district
   until the later of the following dates:
              (a) the child's 16th birthday; or
              (b) the date of completion of the work of the 8th grade.
              (2) The provisions of subsection (1) do not apply in the following cases:
              (a) The child has been excused under one of the conditions specified in 20-5-102.
              (b) The child is absent because of illness, bereavement, or other reason prescribed by the policies of
   the trustees.
              (c)   The child has been suspended or expelled under the provisions of 20-5-202.
              (d) The child is excused pursuant to [section 2]."
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                                                                 -1-                       Authorized Print Version – SB 99
67th Legislature                                                                                                         SB 99.1
              NEW SECTION. Section 2.         Excused absences from curriculum requirements -- notice --
   prohibited activities. (1) A school may not allow a child to attend a course of instruction, a class period, an
   assembly, an organized school function, or instruction of any type that involves human sexual education,
   human sexuality issues, or information regarding sexual acts unless that child's parent or guardian agrees in
   writing to allow the child to attend the instruction. Pursuant to 20-5-103, a child is excused from participating in
   the instruction unless the child fails to attend after the parent or guardian has agreed in writing to allow the
   child's attendance.
              (2) Any school implementing or maintaining a curriculum, providing materials, or holding an event or
   assembly that involves human sexual education, human sexuality issues, or information regarding sexual acts,
   whether introduced by school educators, administrators, or officials or by guests invited at the request of the
   school, shall adopt a policy ensuring parental or guardian notification no less than 48 hours prior to holding an
   event or assembly or introducing materials for instructional use.
              (3) A school district shall notify the parent or guardian of each student enrolled in the district or school
   of:
              (a) the basic content of the district's or school's human sexuality instruction intended to be taught to
   the student; and
              (b) the parent's or guardian's right to include the student in the district's or school's human sexuality
   instruction.
              (4) A school district shall make all curriculum materials used in the district's or school's human
   sexuality instruction available for public inspection prior to the use of the materials in actual instruction.
              (5) A school district or its personnel or agents may not permit a person, entity, or any affiliate or agent
   of the person or entity to offer, sponsor, or furnish in any manner any course materials or instruction relating to
   human sexuality or sexually transmitted diseases to its students or personnel if the person, entity, or any
   affiliate or agent of the person or entity is a provider of abortion services.
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              NEW SECTION. Section 3. Codification instruction. [Section 2] is intended to be codified as an
   integral part of Title 20, chapter 7, and the provisions of Title 20, chapter 7, apply to [section 2].
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                                                                  -2-                       Authorized Print Version – SB 99
67th Legislature                                                                                                         SB 99.1
              NEW SECTION. Section 4. Severability. If a part of [this act] is invalid, all valid parts that are
   severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
   the part remains in effect in all valid applications that are severable from the invalid applications.
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              NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 2021.
                                                           - END -
                                                                  -3-                        Authorized Print Version – SB 99
Statutes affected: 
SB0099_1.pdf: 20-5-103
SB0099_2.pdf: 20-5-103
SB0099_X.pdf: 20-5-103
Amended: 20-5-103
Introduced: 20-5-103