AN ACT relating to children.

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AN ACT relating to children. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
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 grade 16
five (5) and below do not receive any instruction through curriculum or 17
programs on human sexuality or sexually transmitted diseases; or 18
2. Any child, regardless of grade level, enrolled in the district does not 19
receive any instruction or presentation that has a goal or purpose of 20
students studying or exploring gender identity, gender expression, or 21
sexual orientation; and 22
(e) ]A policy to notify a parent [in advance and obtain the parent's written consent 23
]before th e parent's child in grade six (6) or above receives any instruction 24
through curriculum or programs on human sexuality or sexually transmitted 25
diseases authorized in this section. The notice shall inform the parent of how 26
to opt their child out of the instruction. 27
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(2) Any course, curriculum, or program offered by a public school on the subject of 1
human sexuality provided by school personnel or by third parties authorized by the 2
school shall: 3
(a) Provide an alternative course, curriculum, or program without a ny penalty to 4
the student's grade or standing for students whose parents have opted their 5
child out of instruction in accordance with subsection (1)(d) of this 6
section[not provided written consent as required in subsection (1)(e) of this 7
section]; 8
(b) Be s ubject 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 a ny course, curriculum, or program on the subject of 22
human sexuality shall provide notification to the parents of a student at least two (2) 23
weeks prior to the student's planned participation in the course, curriculum, or 24
program. The 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
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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 n ecessary context in 9
relation to a topic of instruction from a curriculum approved pursuant to KRS 10
160.345; 11
(b) Providing age -appropriate instruction on child sexual abuse through 12
curriculum or programs in accordance with the standards set forth by the 13
National Children's Alliance and approved by the Children's Advocacy 14
Centers of Kentucky, regardless of grade level; or 15
(c) Responding to a question from a student during class regarding human 16
sexuality as it relates to a topic of instruction from a curriculum approved 17
pursuant to KRS 160.345. 18
Section 2. KRS 158.191 is amended to read as follows: 19
(1) As used in this section: 20
(a) "External health care provider" means a p rovider of health or mental health 21
services that is not employed by or contracted with the school district to 22
provide services to the district's students; 23
(b) "Health services" has the same meaning as in KRS 156.502; 24
(c) "Mental health services" means serv ices provided by a school -based mental 25
health services provider as defined in KRS 158.4416 but shall not include 26
academic or career counseling; and 27
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(d) "Parent" means a person who has legal custody or control of the student such 1
as a mother, father, or guardian. 2
(2) Upon a student's enrollment and at the beginning of each school year, the district 3
shall provide a notification to the student's parents listing each of the health services 4
and mental health services related to human sexuality, contraception, or family 5
planning available at the student's school and of the parents' right to withhold 6
consent or decline any of those specific services. A parent's consent to a health 7
service or mental health service under this subsection shall not waive the parent's 8
right to access the student's educational or health records held by the district or the 9
notifications required under subsection (3) of this section. 10
(3) [Except as provided in subsection (5) of this section, ] As part of a school district's 11
effort to provide a safe and supportive learning environment for students, a school 12
shall notify a student's parents if: 13
(a) The school changes the health services or mental health services related to 14
human sexuality, contraception, or family planning that it provides, and shall 15
obtain parental consent prior to providing health services or mental health 16
services to the student; and[or] 17
(b) School personnel make a referral: 18
1. For the student to receive a school's health services or mental health 19
services; or 20
2. To an external health care provider, for which parental consent shall be 21
obtained prior to the referral being made. 22
(4) School districts and district personnel shall respect the rights of parents to make 23
decisions regarding the upbringing and control of the student th rough procedures 24
encouraging students to discuss mental or physical health or life issues with their 25
parents or through facilitating the discussion with their parents. 26
(5) (a) The Kentucky Board of Education or the Kentucky Department of Education 27
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shall not require or recommend that a local school district keep any student 1
information confidential from a student's parents. A district or school shall not 2
adopt policies or procedures with the intent of keeping any student 3
information confidential from parents. 4
(b) [The Kentucky Board of Education or the Kentucky Department of Education 5
shall not require or recommend policies or procedures for the use of pronouns 6
that do not conform to a student's biological sex as indicated on the student's 7
original, unedited birth certificate issued at the time of birth pursuant to KRS 8
156.070(2)(g)2. 9
(c) ]A local school district shall request[not require] school personnel and[or] 10
students to use gender-appropriate pronouns for a child when a parent has 11
submitted a request to do so to the school principal along with a note from a 12
medical provider diagnosing the child with gender dysphoria [for students 13
that do not conform to that particular student's biological sex as referenced in 14
paragraph (b) of this subsection]. 15
(c)[(d)] Nothing in this subsection shall prohibit a school district or district 16
personnel from withholding information from a parent if a reasonably prudent 17
person would believe [, based on previous conduct and history,] that the 18
disclosure would result in the child b ecoming a dependent child or an abused 19
or neglected child as defined in KRS 600.020. The fact that district personnel 20
withhold information from a parent under this subsection shall not in itself 21
constitute evidence of failure to report dependency, neglect, or abuse to the 22
Cabinet for Health and Family Services under KRS 620.030. 23
(6) [Prior to a well-being questionnaire or assessment, or a health screening form being 24
given to a child for research purposes, a school district shall provide the student's 25
parent with access to review the material and shall obtain parental consent. Parental 26
consent shall not be a general consent to these assessments or forms but shall be 27
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required for each assessment or form. A parent's refusal to consent shall not be an 1
indicator of having a belief regarding the topic of the assessment or form. 2
(7) ]Nothing in this section shall: 3
(a) Prohibit a school district or the district's personnel from seeking or providing 4
emergency medical or mental health services for a student as outlined in the 5
district's policies; or 6
(b) Remove the duty to report pursuant to KRS 620.030 if district personnel has 7
reasonable cause to believe the child is a dependent child or an abused or 8
neglected child due to the risk of physical or emotional injury ident ified in 9
KRS 600.020(1)(a)2. or as otherwise provided in that statute. 10
Section 3. KRS 158.189 is amended to read as follows: 11
(1) As used in this section: 12
(a) "Biological sex" means the physical condition of being male or female, which 13
is determined by a person's chromosomes, and is identified at birth by a 14
person's anatomy; and 15
(b) "School" means a school under the control of a local board of education or a 16
charter school board of directors. 17
(2) The General Assembly finds that: 18
(a) School personnel have a duty to protect the dignity, health, welfare, and 19
privacy rights of students in their care; 20
(b) Children and young adults have natural and normal concerns about privacy 21
while in various states of undress, and some[most] wish for the option of 22
individual privacy[members of the opposite biological sex not to be present] 23
in those circumstances; 24
(c) Allowing students to use restrooms, locker rooms, or shower rooms while 25
denied individual privacy [that are reserved for students of a different 26
biological sex]: 27
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1. Will create a significant potential for disruption of school activities and 1
unsafe conditions; and 2
2. Will create potential embarrassment, shame, and psychological injury to 3
students; 4
(d) Parents have a reasonable expectation that schools will not require[allow] 5
minor children to be viewed in various states of undress [ by members of the 6
opposite biological sex, nor allow minor children to view members of the 7
opposite sex in various states of undress]; and 8
(e) Schools have a duty to respect and protect the privacy rights of students, 9
including the right not to be compelled to undress or be unclothe d without 10
having individual privacy [in the presence of members of the opposite 11
biological sex]. 12
(3) Each local board of education or charter school board of directors shall, after 13
allowing public comment on the issue at an open meeting, adopt policies nece ssary 14
to protect the privacy rights outlined in subsection (2) of this section and enforce 15
this subsection. Those policies shall, at a minimum, [not ] allow all students the 16
right to individual privacy in the [to] use of restrooms, locker rooms, or shower 17
rooms regardless of biological sex or gender identity [that are reserved for students 18
of a different biological sex]. 19
(4) (a) A student whose parent has submitted a request for accommodation [ who 20
asserts] to school officials for[that] his or her child whose gender is different 21
from his or her biological sex along with a note from a medical provider 22
diagnosing the child with gender dysphoria [and whose parent or legal 23
guardian provides written consent to school officials] shall be provided with 24
the best availabl e accommodation that ensures individual privacy for the 25
child in [, but that accommodation shall not include] the use of school 26
restrooms, locker rooms, or shower rooms [ designated for use by students of 27
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the opposite biological sex while students of the opp osite biological sex are 1
present or could be present]. 2
(b) Acceptable alternate accommodations implemented by the school upon the 3
parent's request may include but are not limited to access to single -stall 4
restrooms or controlled use of faculty bathrooms, l ocker rooms, or shower 5
rooms. Each local board of education shall adopt policies and procedures to 6
enforce this section. 7
Section 4. KRS 311.372 is amended to read as follows: 8
(1) Notwithstanding any other provision of law, a person shall not provide any: 9
(a) Surgical medical treatment to a child under the age of eighteen (18) years 10
for gender dysphoria; or 11
(b) Nonsurgical medical treatment to a child under the age of eighteen (18) 12
years for gender dysphoria without the w ritten consent of the child's parent 13
or legal guardian. 14
(2) Any nonsurgical medical treatment provided to a child under the age of eighteen 15
(18) years for gender dysphoria shall: 16
(a) Be provided only to a child who has a medical diagnosis of gender 17
dysphoria by a mental health care provider licensed in Kentucky; 18
(b) Be provided by a health care provider who is appropriately trained and 19
experienced in providing nonsurgical medical treatments for children with 20
gender dysphoria in collaboration with a clinical psychologist or 21
psychiatrist; 22
(c) Be limited to appropriate nonsurgical medical treatments for children with 23
gender dysphoria that: 24
1. May include reversible puberty-blocking drugs approved by the United 25
States Food and Drug Administration for adolescents that are used to 26
stop luteinizing hormone and follicle stimulating hormone secretion, 27
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synthetic antiandrogen drugs used to block the androgen receptor, or 1
any other drug used to delay or suppress pubertal development; and 2
2. Shall not include cross -sex ho rmones, including testosterone, 3
estrogen, or other androgens given to a person in amounts that are 4
larger or more potent than would normally occur naturally in a 5
healthy person of the same age and sex; 6
(d) Meet evidence-based medical standards of care for the treatment of children 7
with gender dysphoria; and 8
(e) Include mental health services[ 9
As used in this section: 10
(a) "Minor" means any person under the age of eighteen (18) years; and 11
(b) "Sex" means the biological indication of male and female as evidenced by sex 12
chromosomes, naturally occurring sex hormones, gonads, and nonambiguous 13
internal and external genitalia present at birth. 14
(2) Except as provided in subsection (3) of this section, a health care provider shall not, 15
for the purpose of attempting to alter the appearance of, or to validate a minor's 16
perception of, the minor's sex, if that appearance or perception is inconsistent with 17
the minor's sex, knowingly: 18
(a) Prescribe or administer any drug to delay or stop normal puberty; 19
(b) Prescribe or administer testosterone, estrogen, or progesterone, in amounts 20
greater than would normally be produced endogenously in a healthy person of 21
the same age and sex; 22
(c) Perform any sterilizing surg ery, including castration, hysterectomy, 23
oophorectomy, orchiectomy, penectomy, and vasectomy; 24
(d) Perform any surgery that artificially constructs tissue having the appearance 25
of genitalia differing from the minor's sex, including metoidioplasty, 26
phalloplasty, and vaginoplasty; or 27
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(e) Remove any healthy or non-diseased body part or tissue. 1
(3) The prohibitions of subsection (2) of this section shall not limit or restrict the 2
provision of services to: 3
(a) A minor born with a medically verifiable disorder of sex development, 4
including external biological sex characteristics that are irresolvably 5
ambiguous; 6
(b) A minor diagnosed with a disorder of sexual development, if a health care 7
provider has determined, through genetic or biochemical testing, that the 8
minor does not have a sex chromosome structure, sex steroid hormone 9
production, or sex steroid hormone action, that is normal for a biological male 10
or biological female; or 11
(c) A minor needing treatment for an infection, injury, disease, or disorder that 12
has b een caused or exacerbated by any action or procedure prohibited by 13
subsection (2) of this section. 14
(4) If a licensing or certifying agency for health care providers finds, in accordance 15
with each agency's disciplinary and hearing process, that a health care provider who 16
is licensed or certified by the agency has violated subsection (2) of this section, the 17
agency shall revoke the health care provider's licensure or certification. 18
(5) Any civil action to recover damages for injury suffered as a result of a v iolation of 19
subsection (2) of this section may be commenced before the later of: 20
(a) The date on which the person reaches the age of thirty (30) years; or 21
(b) Within three (3) years from the time the person discovered or reasonably 22
should have discovered t hat the injury or damages were caused by the 23
violation. 24
(6) If a health care provider has initiated a course of treatment for a minor that includes 25
the prescription or administration of any drug or hormone prohibited by subsection 26
(2) of this section, and if the health care provider determines and documents in the 27
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minor's medical record that immediately terminating the minor's use of the drug or 1
hormone would cause harm to the minor, the health care provider may institute a 2
period during which the minor's u se of the drug or hormone is systematically 3
reduced]. 4