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SB209 ENROLLED
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SB209
QNASV14-2
By Senator Shelnutt
RFD: Education Policy
First Read: 27-Jan-26
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First Read: 27-Jan-26
Enrolled, An Act,
Relating to sex education in public K-12 schools; to
amend Section 16-40A-2, Code of Alabama 1975, to require sex
education and human reproductive process curricula and
programs to teach sexual risk avoidance and encourage
abstinence from all sexual activity; to prohibit the promotion
of abortions or any sexual activity in sex education or human
reproductive process curricula; to prohibit demonstrations of
contraceptives in sex education or human reproductive process
curricula; to authorize parents or guardians to opt their
child out of sex education or human reproductive process
curricula or programs; and to authorize the Attorney General
to enforce the act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-40A-2, Code of Alabama 1975, is
amended to read as follows:
"§16-40A-2
(a) Any program or curriculum in the public schools in
Alabama that includes sex education or the human reproductive
process shall teach sexual risk avoidance content and , at a
minimum, include and emphasize each of the following:
(1) Abstinence from sex all sexual activity is the only
completely 100 percent effective protection against way to
prevent unintended pregnancy, sexually transmitted diseases
and infections, and human immunodeficiency virus (HIV) when
transmitted sexually . For the purposes of this section,
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transmitted sexually . For the purposes of this section,
"sexual activity" refers to any physical contact between
individuals involving intimate or private areas of the body
such as vaginal, oral, or anal sex and outercourse or mutual
masturbation, which may potentially result in sexually
transmitted diseases and infections, HIV transmission,
pregnancy, and emotional risks .
(2) Abstinence from sex all sexual activity outside of
marriage is the expected social standard best health practice
for unmarried school-age persons individuals .
(3) The advantages of avoiding nonmarital sexual
activity and the potential physical and emotional negative
outcomes associated with youth and teen sexual activity.
(b) For the purposes of this section, "sexual risk
avoidance" refers to a primary prevention approach to sex
education that seeks to achieve the most favorable health
outcomes for all Alabama youth by providing information and
skills needed to achieve the benefits of avoiding sexual
activity and eliminating the corresponding physical, mental,
educational, and economic consequences associated with youth
sexual activities.
(c) Course materials and instruction that relate to
sexual health education or sexually transmitted diseases and
infections shall be age-appropriate and medically accurate ,
provided that no materials or instructions may introduce
concepts related to sexual behavior to early elementary
students in kindergarten through the fourth grade . For
purposes of this section, "age-appropriate" means topics,
messages, and teaching methods suitable to particular ages or
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messages, and teaching methods suitable to particular ages or
age groups of children and adolescents, based on developing
cognitive, emotional, and behavioral capacity typical for the
age or age group.
(c)(d) Course materials and instruction that relate to
sexual health education or sexually transmitted diseases and
infections , if available, shall include all of the following
elements:
(1) An emphasis on sexual abstinence as the only
completely reliable method of avoiding unintended teenage
pregnancy and sexually transmitted diseases and infections.
(2) The emphasis shall be on the importance of delaying
sexual activity by and discouraging risky sexual behavior ,
providing skills to avoid sexual risk, and developing
awareness among students of how sexual activity can impact the
whole person, including physical, social, emotional,
psychological, economic, and educational life outcomes .
(3) Statistics and data based on the latest accurate
medical information that indicate the degree of reliability
and unreliability real life usage regarding the efficacy and
limitations of various forms of contraception among the youth
population which, when used consistently and correctly in
every single sexual encounter may reduce, but not eliminate,
the risk of pregnancy or sexually transmitted infections,
including HIV infections , while also emphasizing the increase
in protection against pregnancy and protection against
sexually transmitted infections, including HIV infection,
which is afforded by the use of various contraceptive
measures , provided the content: (i) is aligned with the
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measures , provided the content: (i) is aligned with the
exclusive message of sexual risk avoidance; (ii) does not
encourage or promote sexual behavior among youth and teens;
and (iii) is presented in the context that while contraception
may reduce the risk of pregnancy and contracting sexually
transmitted infections, including HIV, it does not eliminate
the risk .
(4) Information Accurate and current information
concerning the laws relating to all of the following:
a. The the financial responsibilities impact associated
with pregnancy, childbirth, and child rearing.
b. Abortion, including: (i) medically accurate
information regarding the procedure and risks associated with
the procedure; and (ii) abortion law in Alabama, which
prohibits all forms of abortion except in limited medical
circumstances.
c. The process of domestic infant adoption, including
the availability of relevant resources.
d. The process for surrendering a newborn infant
pursuant to the safe haven law, Chapter 25 of Title 26.
(5) Information concerning the laws prohibiting sexual
abuse, the need to report such abuse to a parent, guardian, or
law enforcement , and the legal options available to victims of
sexual abuse.
(6) Information on how to identify and avoid unhealthy
relationships, including factors predictive of physical,
emotional, or sexual abuse and exploitation, coercion, or
assault, and how to cope with and rebuff unwanted physical and
verbal sexual exploitation by other persons individuals .
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verbal sexual exploitation by other persons individuals .
(7) Psychologically sound methods of resisting
Knowledge and skills to resist unwanted peer pressure and
avoid cyberbullying, sexting, pornography, and online sexual
predators, and the potential legal implications of
participating in any of the preceding activities .
(8) Comprehensive instruction in all of the following:
a. Parenting parenting skills and responsibilities,
including the benefits of a child being reared by both
parents, responsibility to pay child support by non-custodial
a noncustodial parent or parents, the penalties for
non-payment nonpayment of child support, and the legal and
ethical responsibilities of child care and child rearing.
b. The impact of youth and teenage pregnancy on the
parent, child, and society.
c. The benefits of rearing children within the context
of marriage, and the success sequence as provided by Section
16-40-14.
d. The options for individuals experiencing unintended
pregnancy, the benefits of adoption for both the pregnant
youth or teenager and the child, and the associated challenges
of parenting, abortion, and adoption decisions.
e. Medically sound information relating to fetal growth
and development, maternal health, and infant health.
f. The educational and financial impact of youth and
teenage pregnancies.
(d)(e) Parents or guardians shall be given advanced,
written notification of the teaching of any sex education or
of the human reproductive process at least 14 days before the
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of the human reproductive process at least 14 days before the
content is taught to students . Upon the request of a parent or
guardian and prior to distribution to students, the school
shall make available to parents or guardians the sex education
curriculum in its entirety and provide each parent or guardian
with the opportunity to opt his or her child out from the
instruction, with no penalty to the student.
(f) Sex education and human reproductive curricula,
advice, or content offered by a public K-12 school may not
include any of the following:
(1) Information that misrepresents the efficacy of
contraception use, demonstrates the use of contraceptive
materials, or explains how to obtain, or provides a referral
for, contraceptives.
(2) Information on how to obtain, or that provides a
referral to, abortion services.
(3) Images, materials, or video footage that are
sexually explicit.
(g) Local boards of education may not use the services
of any individual or organization to assist in teaching about
sex education or the human reproductive process if that
individual or organization does not endorse sexual risk
avoidance as the primary means of sex education, or if the
individual or organization performs abortions, provides
referrals to abortion services, or provides funding, advocacy,
or other support for abortions.
(h) The Attorney General shall have the authority to
enforce this section by obtaining injunctive relief to require
compliance with this section ."
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compliance with this section ."
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB209
Senate 19-Feb-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 07-Apr-26
Senate concurred in House amendment
By: Senator Shelnutt
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