AN ACT relating to health education.

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AN ACT relating to health education. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. KRS 158.1415 IS REPEALED AND REENACTED TO READ 3
AS FOLLOWS: 4
(1) As used in this section, unless the context requires otherwise: 5
(a) "Age and developmentally appropriate" means topics, messages, and 6
teaching methods suitable for children of a particular age, age group, or 7
developmental level based on the cognitive, emotional, social, and 8
behavioral capacities of most students at that age level; 9
(b) "Characteristics of effective programs" means the aspects of evidence -10
based programs, including development, content, and implementation of 11
such programs, that: 12
1. Have been shown to be effective in terms of increasing knowledge, 13
clarifying values and attitudes, increasing skills, and impacting 14
behavior; and 15
2. Are widely recognized by leading medical and public health agencies 16
to be effective in changing behaviors t hat lead to sexually transmitted 17
infections and diseases, unintended pregnancy, and dating violence 18
and sexual assault among young people; 19
(c) "Consent" means affirmative, conscious, and voluntary agreement to 20
engage in interpersonal, physical, or sexual activity; 21
(d) "Culturally appropriate" means materials and instruction that respond to 22
culturally diverse individuals, families, and communities in an inclusive, 23
respectful, and effective manner and includes materials and instruction that 24
are inclusive of r ace, ethnicity, languages, cultural background, religion, 25
gender, gender identity, sexual orientation, and different abilities; 26
(e) "Department" means the Kentucky Department of Education; 27
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(f) "Gender expression" means the expression of one’s gender, incl uding 1
expression through behavior, clothing, hair, or voice, and which may or 2
may not conform to socially defined behaviors and characteristics typically 3
associated with being either masculine or feminine; 4
(g) "Gender identity" means the gender -related ide ntity, appearance, 5
mannerisms, or other gender -related characteristics of an individual, 6
regardless of the individual’s designated sex at birth and shall include a 7
person’s deeply held sense or knowledge of their own gender as male, 8
female, both, or neither; 9
(h) "Healthy relationship instruction" means instruction as part of a 10
comprehensive school health education approach which addresses the 11
physical, mental, emotional, and social dimensions of human relationships 12
and that is designed to: 13
1. Motivate and a ssist students to maintain and improve healthy 14
relationships, prevent disease, and reduce sexual health -related risk 15
behaviors; and 16
2. Enable and empower students to develop and demonstrate 17
developmentally appropriate relationships; 18
(i) "Human development" means the lifelong process of physical, behavioral, 19
cognitive, and emotional growth; 20
(j) "Inclusive" means curriculum that ensures that students from historically 21
marginalized communities see themselves reflected in classroom materials 22
and lessons, including but not limited to: 23
1. Communities of color; 24
2. Immigrant communities; 25
3. Lesbian, gay, bisexual, and transgender communities; 26
4. Communities of individuals with disabilities; and 27
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5. Other communities whose experiences have been traditionally 1
left out of health education programs and policies; 2
(k) "Medically accurate and complete" means a program of instruction that 3
contains information that: 4
1. Has been verified or supported by the weight of research conducted in 5
compliance with accepted scientific methods and is published in peer -6
reviewed journals; 7
2. Leading professional public health or medical organizations, 8
government agencies, and scientific advisory groups with relevant 9
expertise in that field recognize as accurate, objective, and complete; 10
and 11
3. Does not withhold information about external anatomy involved in 12
sexual functioning or the effectiveness and benefits of correct and 13
consistent use of condoms and other contraceptives; 14
(l) "Sexual orientation" means an individual’s physical, emotiona l, or sexual 15
attraction to the members of a specific gender and includes homosexuality, 16
heterosexuality, bisexuality, and asexuality; and 17
(m) "Trauma-informed" means addressing vital information about sexuality 18
and well -being that takes into consideration adverse life experiences and 19
their potential influence on sexual decision-making. 20
(2) Beginning in the 2027 -2028 school year, each school district shall provide 21
healthy relationship instruction to all public school students in kindergarten 22
through grade twelve (12). 23
(3) The healthy relationship instruction required by subsection (2) of this section 24
shall include instruction on each of the following topics in at least one (1) grade 25
level between kindergarten and grade twelve (12) when the topic is age, 26
developmentally, and culturally appropriate: 27
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(a) The changes of human development; 1
(b) Human anatomy, reproduction, and human development; 2
(c) Healthy relationships based on mutual respect, including: 3
1. Distinguishing between healthy and unhealthy relationships, 4
including friendships and relationships within families; 5
2. Developing effective communication, negotiation, and refusal skills, 6
including the skills to recognize and report inappropriate or abusi ve 7
sexual behavior; 8
3. Understanding bodily autonomy, setting and respecting personal 9
boundaries, practicing personal safety, and consent; 10
4. Examining the harm of gender -role stereotypes, violence, coercion, 11
bullying, and intimidation in relationships; and 12
5. Exploring the way that gender stereotypes can limit all people; 13
(d) Healthy decision-making skills about intimacy and relationships, including 14
but not limited to: 15
1. Critical thinking, problem solving, self-efficacy, and decision-making; 16
2. Exploring individual values and attitudes; 17
3. Promoting positive body image among students, developing an 18
understanding that there is a range of body types, and feeling positive 19
about students’ own body types; 20
4. How to respect others and stay safe on the internet a nd when using 21
other forms of digital communication; 22
5. Information on local services and resources where students can obtain 23
additional information related to bullying, dating violence and sexual 24
assault, suicide prevention, and other related care; 25
6. Encouraging youth to communicate with their parents or guardians; 26
faith, health, and social service professionals; and other trusted adults 27
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about healthy relationships; 1
7. Creating a safe environment for all students and others in society; and 2
8. Examples of v arying types of relationships, couples, and family 3
structures. Discussion of healthy relationships shall include 4
affirmative representation of lesbian, gay, bisexual, and transgender 5
individuals, relationships, and families; 6
(e) The benefits of abstinence; 7
(f) The use of condoms, medication, birth control, and sexually transmitted 8
infection prevention measures, and the options for pregnancy, including: 9
1. The importance of effectively using condoms and preventive 10
medication to protect against sexually trans mitted infections, 11
including human immunodeficiency virus and acquired immune 12
deficiency syndrome; 13
2. The benefits of effective contraceptives, including condoms, in 14
avoiding unintended pregnancy; 15
3. The relationship between substance use and sexual health and 16
behaviors; and 17
4. Information about local health services where students can obtain 18
additional information and services related to sexual and reproductive 19
health and other related care; 20
(g) Affirmative recognition of the roles that traditions, values, religion, norms, 21
gender roles, acculturation, family structure, health beliefs, and political 22
power play in how students make decisions that affect their health. This 23
instruction shall include examples of varying races, ethnicities, cultures, 24
and families, including single-parent households and young families; 25
(h) Age-appropriate information about gender identity and sexual orientation 26
for all students, including: 27
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1. Affirmative recognition that people have different sexual orientations, 1
gender identities, and gender expressions; and 2
2. Referrals to community resources that can provide additional support 3
for lesbian, gay, bisexual, and transgender students; and 4
(i) Opportunities to explore the roles that race, ethnicity, immigration status, 5
disability statu s, economic status, and language within different 6
communities play in how students make decisions that affect their health. 7
(4) The healthy relationship instruction required by subsection (2) of this section 8
shall implement curricula and instructional materials that: 9
(a) Reflect the characteristics of effective programs; 10
(b) Are aligned with the requirements set forth in subsection (3) of this section; 11
(c) Are inclusive of the experiences and needs of all youth in the school and do 12
not discriminate on the basis of sex, race, ethnicity, national origin, 13
disability, religion, gender expression, gender identity, or sexual 14
orientation; 15
(d) Are accessible to all students, including students with disabilities, through 16
the use of modified curriculum, materials and instruction in alternative 17
formats, auxiliary aids, or any other appropriate accommodation when 18
necessary to effectuate the purpose of delivering healthy relationship 19
instruction to every student; and 20
(e) Are trauma-informed. 21
(5) A school or school district shall not restrict the ability of an instructor to answer a 22
question initiated by a student that is related to and consistent with this section. 23
(6) (a) A school shall: 24
1. Make the curricula and instructional materials for healthy 25
relationship instruction offered pursuant to subsection (2) of this 26
section available upon the request of a parent or guardian; 27
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2. Establish a procedure for a parent or legal g uardian to submit a 1
signed statement to excuse a student from the instruction required by 2
subsection (2) of this section without disciplinary, academic, or any 3
other type of penalty to the student; and 4
3. Adopt a policy prohibiting a student from being exc used from the 5
instruction required by subsection (2) of this section without a signed 6
statement submitted by a parent or guardian pursuant to a procedure 7
established in accordance with subparagraph 2. of this paragraph. 8
(b) In the event of a parent or guardian submitting a signed statement to excuse 9
a student from the instruction required by subsection (2) of this section, a 10
school is encouraged to provide that student an alternate assignment on a 11
related topic during the instructional time. 12
(7) The Kentuck y Board of Education shall promulgate any administrative 13
regulations necessary to implement, administer, and enforce this section, 14
including but not limited to administrative regulations: 15
(a) Establishing academic standards that are consistent with this section; 16
(b) Establishing minimum education and training qualifications for healthy 17
relationship instructors; and 18
(c) Requiring that each school district submit a report biennially to the 19
department that identifies: 20
1. The curricula used by the school distri ct to provide healthy 21
relationship instruction; 22
2. The number of students that: 23
a. Participated in healthy relationship instruction; and 24
b. Were excused from healthy relationship instruction; and 25
3. The duration of healthy relationship instruction in each grade level. 26
(8) The department shall maintain a list of recommended healthy relationship 27
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curricula, instructional materials, and other resources that are consistent with 1
this section. 2
(9) The requirements of this section shall apply to public charter scho ols as a health 3
and safety requirement under KRS 160.1592(1). 4
(10) A parent or guardian with a child enrolled in a public school that fails to comply 5
with the requirements of this section may file a Circuit Court action to enforce 6
the provisions of this se ction within one (1) year from the date of the last school 7
day of the academic year. 8
Section 2. This Act may be cited as the Education for Healthy Youth Act. 9