2015 Utah Code
Title 53A - State System of Public Education
Chapter 13 - Curriculum in the Public Schools
Part 1 - General Courses of Instruction
Section 101.2 - Waivers of participation -- Required parental consent for human sexuality instruction.

Effective 5/12/2015
53A-13-101.2. Waivers of participation -- Required parental consent for human sexuality instruction.

• (1) As used in this section:
  • (a)
    • (i) "Human sexuality instruction" means 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;
      • (C) human reproduction;
      • (D) reproductive anatomy;
      • (E) physiology;
      • (F) pregnancy;
      • (G) marriage;
      • (H) childbirth;
      • (I) parenthood;
      • (J) contraception;
      • (K) HIV/AIDS; or
      • (L) sexually transmitted diseases.
    • (ii) "Human sexuality instruction" does not include child sexual abuse prevention instruction described in Section 53A-13-112.
  • (b) "Parent" means a parent or legal guardian.
  • (c) "School" means a public school.

• (2) If a parent of a student, or a secondary student, determines that the student's participation in a portion of the curriculum or in an activity would require the student to affirm or deny a religious belief or right of conscience, or engage or refrain from engaging in a practice forbidden or required in the exercise of a religious right or right of conscience, the parent or the secondary student may request:
  • (a) a waiver of the requirement to participate; or
  • (b) a reasonable alternative that requires reasonably equivalent performance by the student of the secular objectives of the curriculum or activity in question.

• (3) The school shall promptly notify a student's parent if the secondary student makes a request under Subsection (2).

• (4) If a request is made under Subsection (2), the school shall:
  • (a) waive the participation requirement;
  • (b) provide a reasonable alternative to the requirement; or
  • (c) notify the requesting party that participation is required.

• (5) The school shall ensure that the provisions of Subsection 53A-13-101.3(3) are met in connection with any required participation under Subsection (4)(c).

• (6) A school shall obtain prior written consent from a student's parent before the school may provide human sexuality instruction to the student.

• (7) If a student's parent chooses not to have the student participate in human sexuality instruction, a school shall:
  • (a) waive the requirement for the student to participate in the human sexuality instruction; or
  • (b) provide the student with a reasonable alternative to the human sexuality instruction requirement.

• (8) In cooperation with the student's teacher or school, a parent shall take responsibility for the parent's student's human sexuality instruction if a school:
  • (a) waives the student's human sexuality instruction requirement in Subsection (7)(a); or
  • (b) provides the student with a reasonable alternative to the human sexuality instruction requirement described in Subsection (7)(b).

• (9) A student's academic or citizenship performance may not be penalized if:
  • (a) the secondary student or the student's parent chooses to exercise a religious right or right of conscience in accordance with the provisions of this section; or
  • (b) the student's parent chooses not to have the student participate in human sexuality instruction as described in Subsection (7).

Amended by Chapter 91, 2015 General Session