Present law requires each LEA to locally develop, adopt, and implement an abstinence-centered sex education program that builds a foundation of knowledge and skills relating to character development, human development, decision making, abstinence, contraception and disease prevention ("family life education program") and curriculum in compliance with curriculum guidelines in law. Prior to adopting a family life curriculum, present law requires each LEA to conduct at least one public hearing, at which time the family life education program must be explained to members of the public, and the public must have the opportunity to speak and express their opinions and concerns. This bill clarifies that the requirement contained in the previous sentence also applies before revising a family life curriculum.
ASSISTANCE IN TEACHING FAMILY LIFE
Present law prohibits an LEA from utilizing the services of any individual or organization to assist in teaching family life if that individual or organization endorses student nonabstinence as an appropriate or acceptable behavior, or if that individual or organization promotes sexual contact that could lead to engagement in nonabstinent behavior ("gateway sexual activity").
This bill clarifies that an individual or organization does not endorse student nonabstinence as an appropriate or acceptable behavior, or promote gateway sexual activity, in violation of the above provisions if the individual or organization teaches students the following:
(1) The importance of effectively using contraceptives and barrier methods to prevent unintended pregnancy and sexually transmitted diseases, including human immunodeficiency virus, as long as the instruction complies with the requirements of education law provisions for family life instruction;
(2) The age of consent; that an affirmative, conscious, and voluntary agreement to engage in a sexual activity is required for valid consent; and the legal consequences of engaging in a sexual activity with an individual without first obtaining the individual's valid consent;
(3) How sexual activity results in pregnancy; the effects of pregnancy; and that abortion is illegal in this state;
(4) How to communicate with a parent, guardian, or other trusted adult about sex or other risk behaviors; or
(5) How to develop the relationship and communication skills necessary to form healthy, respectful relationships free of violence, coercion, and intimidation and how to seek assistance if a person is in a violent, coercive, or intimidating relationship.
Pursuant to this bill, if an individual or organization provides instruction as part of a family life curriculum that includes one or more of the items listed in (1)-(5) above, then:
(1) The individual or organization does not promote, implicitly or explicitly, any gateway sexual activity or health message that encourages students to experiment with noncoital sexual activity;
(2) The instructional materials used by the individual or organization to provide instruction of one or more of the items listed in (1)-(5) above does not condone, encourage, or promote student sexual activity; and
(3) The instruction does not otherwise violate the provisions of law relative to family life curriculum.
This bill clarifies that a teacher, instructor, school, LEA, or representative of an organization does not violate the requirements in the provisions of law relative to family life curriculum by providing instruction as part of a family life curriculum that includes one or more of the items listed in (1)-(5) above and that a teacher, instructor, school, LEA, or representative of an organization that provides instruction of one or more of the items listed in (1)-(5) above is not subject to any disciplinary action or cause of action for providing the instruction.
APPLICABILITY
This bill applies to the 2023-2024 school year and each school year thereafter.

Statutes affected:
Introduced: 49-6-1303, 49-6-1302(c)(1), 49-6-1302, 49-6-1304, 49-6-1306