AN ACT relating to human growth and development instruction.

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AN ACT relating to human growth and development instruction. 1
WHEREAS, the General Assembly recognizes that a comprehensive education on 2
human growth and developmen t is essential to the health, safety, and well -being of 3
Kentucky children; and 4
WHEREAS, age -appropriate instruction ensures that children receive information 5
that is suitable for their developmental stage, protecting their innocence while preparing 6
them for future responsibilities; and 7
WHEREAS, teaching students about human growth and development in a manner 8
aligned with their age promotes understanding of their bodies, relationships, and personal 9
boundaries in a healthy and responsible way; and 10
WHEREAS, parents have the fundamental right to guide the moral and educational 11
upbringing of their children, and curricula should respect and support parental authority; 12
and 13
WHEREAS, schools should ensure that instruction on human growth and 14
development reflects scie ntifically accurate information, promotes healthy decision 15
making, and prioritizes the safety and long-term welfare of students; and 16
WHEREAS, it is the responsibility of the Commonwealth to provide clear statutory 17
guidance to schools so that instruction pr omotes public health while upholding family 18
values, parental rights, and developmentally appropriate learning; 19
NOW, THEREFORE, 20
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 21
Section 1. KRS 158.1415 is amended to read as follows: 22
(1) If a school district [ school council or, if none exists, the principal] adopts a 23
curriculum for human sexuality or sexually transmitted diseases, instruction shall 24
include but not be limited to the following content: 25
(a) Abstinence from sexual activity is the desirable goal f or all school -age 26
children; 27
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(b) Abstinence from sexual activity is the only certain way to avoid unintended 1
pregnancy, sexually transmitted diseases, and other associated health 2
problems; 3
(c) The best way to avoid sexually transmitted diseases and other as sociated 4
health problems is to establish a permanent mutually faithful monogamous 5
relationship; 6
(d) A policy to respect parental rights by ensuring that: 7
1. Except as provided in subsection (5)[(4)](b) of this section, children in 8
grade five (5) and below do not receive any instruction through 9
curriculum or programs on human sexuality or sexually transmitted 10
diseases; or 11
2. Any child, regardless of grade level, enrolled in the district does not 12
receive any instruction or presentation that has a goal or purp ose of 13
students studying or exploring gender identity, gender expression, or 14
sexual orientation; and 15
(e) A policy to notify a parent in advance and obtain the parent's written consent 16
before the parent's child in grade six (6) or above receives any instruc tion 17
through curriculum or programs on human sexuality or sexually transmitted 18
diseases authorized in this section. 19
(2) Each school district shall adopt health curriculum for students in grade six (6) or 20
above that includes instruction on human growth and development. The 21
instruction on human growth and development shall include a presentation of: 22
(a) A high -definition ultrasound video, at least three (3) minutes in duration, 23
showing the development of the brain, heart, sex organs, and other vital 24
organs in early fetal development; and 25
(b) An age -appropriate, high -quality, computer -generated rendering or 26
animation showing the process of human cell fertilization and every stage of 27
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human development inside the uterus, noting significant markers in cell 1
growth and organ development for the duration of the pregnancy until 2
birth. 3
(3) Any course, curriculum, or program offered by a public school on the subject of 4
human sexuality or human growth and development provided by school personnel 5
or by third parties authorized by the school shall: 6
(a) Provide an alternative course, curriculum, or program without any penalty to 7
the student's grade or standing for students whose parents have not provided 8
written consent as required in subsection (1)(e) of this section; 9
(b) Be subject to an inspection by parents of participating students that allows 10
parents to review the following materials: 11
1. Curriculum; 12
2. Instructional materials; 13
3. Lesson plans; 14
4. Assessments or tests; 15
5. Surveys or questionnaires; 16
6. Assignments; and 17
7. Instructional activities; 18
(c) Be developmentally appropriate; and 19
(d) Be limited to a curriculum that has been subject to the reasonable review and 20
response by stakeholders in conformity with this subsection and KRS 21
160.345(2). 22
(4)[(3)] A public school offering any course, curriculum, or program on the subject of 23
human sexuality or human growth and development shall provide notification to 24
the parents of a student at least two (2) weeks prior to the student's planned 25
participation in the course, curriculum, or program. The notification shall: 26
(a) Inform the parents of the provisions of subsection (3)[(2)] of this section; 27
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(b) Provide the date the course, curriculum, or program is scheduled to begin; 1
(c) Detail the process for a parent to review the materials outlined in subsection 2
(3)[(2)] of this section; 3
(d) Explain the process for a parent to provide written consent for the student's 4
participation in the course, curriculum, or program; and 5
(e) Provide the contact information for the teacher or instructor of the course, 6
curriculum, or program and a school administrator designated with oversight. 7
(5)[(4)] Nothing in this section shall prohibit school personnel from: 8
(a) Discussing human sexuality, including the sexuality of any historic person, 9
group, or public figure, where the discussion provides necessary context in 10
relation to a topic of instruction from a curriculum approve d pursuant to KRS 11
160.345; 12
(b) Providing age -appropriate instruction on child sexual abuse through 13
curriculum or programs in accordance with the standards set forth by the 14
National Children's Alliance and approved by the Children's Advocacy 15
Centers of Kentucky, regardless of grade level; or 16
(c) Responding to a question from a student during class regarding human 17
sexuality as it relates to a topic of instruction from a curriculum approved 18
pursuant to KRS 160.345. 19