01-07 15:17 H.B. 121
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Health Education Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol S. Moss
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LONG TITLE
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General Description:
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This bill amends provisions related to health education.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires the State Board of Education to establish curriculum requirements that include
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instruction in:
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● sexual assault resource strategies;
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● sexual violence behavior prevention; and
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● the legal implications of electronically distributing sexually explicit images;
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▸ amends provisions related to when a student receives health education instruction;
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▸ requires a local education agency (LEA) to:
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● review data, including data on sexual assault, for each county in which the LEA is
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located;
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● use the reviewed data to inform the LEA's policies on health education; and
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● as appropriate, incorporate the data into health education; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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53G-10-402, as last amended by Laws of Utah 2024, Chapters 20, 507
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53G-10-402 is amended to read:
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53G-10-402 . Instruction in health -- Parental consent requirements -- Conduct H.B. 121 01-07 15:17
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and speech of school employees and volunteers -- Political and religious doctrine
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prohibited -- Conduct and speech of school employees and volunteers.
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(1) As used in this section:
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(a) "Emotional manipulation" means seeking power over an individual through
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dishonest or exploitative strategies using emotion to influence behavior or ideas.
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(b) "Grooming" means a pattern of behavior in which an individual engages using
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authority or influence, based on age or other factors, to normalize unwanted sexual
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advances or contact.
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(c) "LEA governing board" means a local school board or charter school governing
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board.
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[(b)] (d) "Refusal skills" means instruction:
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(i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
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adult;
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(ii) in a student's obligation to stop the student's sexual advances if refused by another
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individual;
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(iii) informing a student of the student's right to report and seek counseling for
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unwanted sexual advances;
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(iv) in sexual harassment; and
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(v) informing a student that a student may not consent to criminally prohibited
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activities or activities for which the student is legally prohibited from giving
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consent, including the electronic transmission of sexually explicit images by an
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individual of the individual or another.
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(e) "Sexual assault resource strategies" means tools for addressing physical and
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psychological effects of sexual assault.
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(f)(i) "Sexual coercion" means:
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(A) the use of unreasonable pressure in an effort to compel an individual to initiate
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or continue sexual activity against the individual's will; or
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(B) words or conduct that wrongfully impair another individual's freedom of will
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and ability to choose to refuse to engage in sexual activity.
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(ii) "Sexual coercion" includes, for the purpose of encouraging an individual to
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engage in sexual activity:
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(A) intimidation, manipulation, or blackmail;
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(B) threats of emotional or physical harm;
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(C) threatening to disclose the individual's private sexual information; and
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(D) threats of self-harm.
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(g) "Sexual violence behavior prevention education" means instruction that:
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(i) leads to a student understanding:
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(A) that the student has a right to refuse any kind of physical touch from another
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individual;
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(B) how to effectively communicate to others about the student's boundaries; and
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(C) the student's responsibility to respect other individuals' boundaries;
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(ii) is free from victim shaming;
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(iii) provides information about the early signs of:
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(A) sexual coercion;
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(B) emotional manipulation; and
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(C) grooming strategies; and
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(iv) may include instruction in refusal skills.
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(2)(a) The state board shall establish curriculum requirements under Section 53E-3-501
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that include instruction in:
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(i) community and personal health;
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(ii) physiology;
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(iii) personal hygiene;
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(iv) prevention of communicable disease;
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(v) refusal skills;[ and]
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(vi) the harmful effects of pornography[.] ;
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(vii) the legal implications of electronically distributing sexually explicit images of
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an individual, including creating or distributing pornographic or sexually explicit
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images of an individual using technology including artificial intelligence;
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(viii) sexual assault resource strategies; and
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(ix) sexual violence behavior prevention education.
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(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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state board shall make rules that, and instruction shall:
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(i) stress the importance of abstinence from all sexual activity before marriage and
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fidelity after marriage as methods for preventing certain communicable diseases;
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(ii) stress personal skills that encourage individual choice of abstinence and fidelity;
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(iii) prohibit instruction in:
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(A) the intricacies of intercourse, sexual stimulation, or erotic behavior;
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(B) the advocacy of premarital or extramarital sexual activity; or
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(C) the advocacy or encouragement of the use of contraceptive methods or
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devices; and
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(iv) except as provided in Subsection (2)(d), allow instruction to include information
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about contraceptive methods or devices that stresses effectiveness, limitations,
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risks, and information on state law applicable to minors obtaining contraceptive
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methods or devices.
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(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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state board shall make rules for an LEA governing board that adopts instructional
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materials under Subsection (2)(g)(ii) that:
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(i) require the LEA governing board to report on the materials selected and the LEA
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governing board's compliance with Subsection (2)(h); and
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(ii) provide for an appeal and review process of the LEA governing board's adoption
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of instructional materials.
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(d) The state board may not require an LEA to teach or adopt instructional materials that
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include information on contraceptive methods or devices.
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(e)(i) At no time may instruction be provided, including responses to spontaneous
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questions raised by students, regarding any means or methods that facilitate or
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encourage the violation of any state or federal criminal law by a minor or an adult.
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(ii) Subsection (2)(e)(i) does not preclude an instructor from responding to a
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spontaneous question as long as the response is consistent with the provisions of
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this section.
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(f) The state board shall recommend instructional materials for use in the curricula
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required under Subsection (2)(a).
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(g) An LEA governing board may choose to adopt:
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(i) the instructional materials recommended under Subsection (2)(f); or
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(ii) other instructional materials in accordance with Subsection (2)(h).
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(h) An LEA governing board that adopts instructional materials under Subsection
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(2)(g)(ii) shall:
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(i) ensure that the materials comply with state law and board rules;
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(ii) base the adoption of the materials on the recommendations of the LEA governing
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board's Curriculum Materials Review Committee;
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(iii) adopt the instructional materials in an open and regular meeting of the LEA
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governing board for which prior notice is given to parents of students who attend
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the respective schools; and
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(iv) give parents an opportunity to express the parents' views and opinions on the
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materials at the meeting described in Subsection (2)(h)(iii).
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(3)(a) A student shall receive age-appropriate instruction in the courses described in
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Subsection (2) on at least two occasions during the period that begins with the
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beginning of grade [8] 7 and [the end] ends with the end of grade 12.
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(b) At the request of the state board, the Department of Health and Human Services shall
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cooperate with the state board in developing programs to provide instruction in those
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areas.
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(4)(a) The state board shall adopt rules that:
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(i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
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are complied with; and
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(ii) require a student's parent to be notified in advance and have an opportunity to
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review the information for which parental consent is required under Sections
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76-7-322 and 76-7-323.
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(b) The state board shall also provide procedures for disciplinary action for violation of
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Section 76-7-322 or 76-7-323.
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(5)(a) In keeping with the requirements of Section 53G-10-204, and because school
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employees and volunteers serve as examples to students, school employees or
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volunteers acting in an official capacity may not support or encourage criminal
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conduct by students, teachers, or volunteers.
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(b) To ensure the effective performance of school personnel, the limitations described in
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Subsection (5)(a) also apply to a school employee or volunteer acting outside of the
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school employee's or volunteer's official capacity if:
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(i) the employee or volunteer knew or should have known that the employee's or
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volunteer's action could result in a material and substantial interference or
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disruption in the normal activities of the school; and
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(ii) that action does result in a material and substantial interference or disruption in
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the normal activities of the school.
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(c) The state board or an LEA governing board may not allow training of school
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employees or volunteers that support or encourage criminal conduct.
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(d) The state board shall adopt, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, rules implementing this section.
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(e) Nothing in this section limits the ability or authority of the state board or an LEA
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governing board to enact and enforce rules or take actions that are otherwise lawful,
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regarding an educator's, employee's, or volunteer's qualifications or behavior
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evidencing unfitness for duty.
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(6) Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious, or
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denominational doctrine may not be taught in the public schools.
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(7)(a) An LEA governing board and an LEA governing board's employees shall
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cooperate and share responsibility in carrying out the purposes of this chapter.
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(b) An LEA governing board shall provide appropriate professional development for the
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LEA governing board's teachers, counselors, and school administrators to enable the
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teachers, counselors, and school administrators to understand, protect, and properly
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instruct students in the values and character traits referred to in this section and
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Sections 53E-9-202, 53E-9-203, 53G-10-202, 53G-10-203, 53G-10-204, and
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53G-10-205, and distribute appropriate written materials on the values, character
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traits, and conduct to each individual receiving the professional development.
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(c) An LEA governing board shall make the written materials described in Subsection
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(7)(b) available to classified employees, students, and students' parents.
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(d) In order to assist an LEA governing board in providing the professional development
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required under Subsection (7)(b), the state board shall, as appropriate, contract with a
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qualified individual or entity possessing expertise in the areas referred to in
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Subsection (7)(b) to develop and disseminate model teacher professional
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development programs that an LEA governing board may use to train the individuals
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referred to in Subsection (7)(b) to effectively teach the values and qualities of
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character referenced in Subsection (7)(b).
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(e) In accordance with the provisions of Subsection (5)(c), professional development
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may not support or encourage criminal conduct.
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(8)(a) An LEA governing board shall review every two years:
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[(a)] (i) LEA governing board policies on instruction described in this section;
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[(b)] (ii) for a local school board, data for each county that the school district is
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located in, or, for a charter school governing board, data for the county in which
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the charter school is located, on the following:
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[(i)] (A) teen pregnancy;
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[(ii)] (B) child sexual abuse; and
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[(iii)] (C) sexually transmitted diseases and sexually transmitted infections; and
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[(c)] (iii) the number of pornography complaints or other instances reported within the
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jurisdiction of the LEA governing board.
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(b) An LEA governing board shall:
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(i) use the data reviewed under Subsection (8)(a)(ii) to inform the policies described
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in Subsection (8)(a)(i); and
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(ii) incorporate the data reviewed under Subsection (8)(a)(ii) into the instruction
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described in this section as the LEA governing board determines is appropriate.
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(9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
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section, or the application thereof to any person or circumstance, is found to be
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unconstitutional, the balance of this section shall be given effect without the invalid
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provision, subsection, sentence, clause, phrase, or word.
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Section 2. Effective date.
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This bill takes effect on July 1, 2025.
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