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AN ACT relating to human sexuality instruction in public schools. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 158.1415 is amended to read as follows: 3
(1) If a school council or, if none exists, the principal adopts a curriculum for human 4
sexuality or sexually transmitted diseases, instruction shall include but not be 5
limited to the following content: 6
(a) Abstinence from sexual activity is the desirable goal for all school-age 7
children; 8
(b) Abstinence from sexual activity is the only certain way to avoid unintended 9
pregnancy, sexually transmitted diseases, and other associated health 10
problems; 11
(c) The best way to avoid sexually transmitted diseases and other associated 12
health problems is to establish a permanent mutually faithful monogamous 13
relationship; 14
(d) A policy to respect parental rights by ensuring that: 15
1. Except as provided in subsection (4)(b) of this section, children in 16
grade five (5) and below do not receive any instruction through 17
curriculum or programs on human sexuality or sexually transmitted 18
diseases; or 19
2. Any child, regardless of grade level, enrolled in the district does not 20
receive any instruction or presentation that has a goal or purpose of 21
students studying or exploring gender identity, gender expression, or 22
sexual orientation; and 23
(e) A policy to notify a parent[ in advance and obtain the parent's written consent] 24
before the parent's child in grade six (6) or above receives any instruction 25
through curriculum or programs on human sexuality or sexually transmitted 26
diseases authorized in this section. The notice shall inform the parent of how 27 UNOFFICIAL COPY 25 RS BR 95
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to opt his or her child out of the instruction. 1
(2) Any course, curriculum, or program offered by a public school on the subject of 2
human sexuality provided by school personnel or by third parties authorized by the 3
school shall: 4
(a) Provide an alternative course, curriculum, or program without any penalty to 5
the student's grade or standing for students whose parents have opted his or 6
her child out of instruction in accordance with[not provided written consent 7
as required in] subsection (1)(e) of this section; 8
(b) Be subject to an inspection by parents of participating students that allows 9
parents to review the following materials: 10
1. Curriculum; 11
2. Instructional materials; 12
3. Lesson plans; 13
4. Assessments or tests; 14
5. Surveys or questionnaires; 15
6. Assignments; and 16
7. Instructional activities; 17
(c) Be developmentally appropriate; and 18
(d) Be limited to a curriculum that has been subject to the reasonable review and 19
response by stakeholders in conformity with this subsection and KRS 20
160.345(2). 21
(3) A public school offering any course, curriculum, or program on the subject of 22
human sexuality shall provide [written ]notification to the parents of a student at 23
least two (2) weeks prior to the student's planned participation in the course, 24
curriculum, or program. The [written ]notification shall: 25
(a) Inform the parents of the provisions of subsection (2) of this section; 26
(b) Provide the date the course, curriculum, or program is scheduled to begin; 27 UNOFFICIAL COPY 25 RS BR 95
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(c) Detail the process for a parent to review the materials outlined in subsection 1
(2) of this section; 2
(d) Explain the process for a parent to opt out of[provide written consent for] the 3
student's participation in the course, curriculum, or program; and 4
(e) Provide the contact information for the teacher or instructor of the course, 5
curriculum, or program and a school administrator designated with oversight. 6
(4) Nothing in this section shall prohibit school personnel from: 7
(a) Discussing human sexuality, including the sexuality of any historic person, 8
group, or public figure, where the discussion provides necessary context in 9
relation to a topic of instruction from a curriculum approved pursuant to KRS 10
160.345;[ or] 11
(b) Providing age-appropriate instruction on puberty through curriculum or 12
programs, regardless of grade level; or 13
(c) Responding to a question from a student during class regarding human 14
sexuality as it relates to a topic of instruction from a curriculum approved 15
pursuant to KRS 160.345. 16