Comprehensive sex education; require teaching of Grades K-12.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 214

AN ACT TO REQUIRE THAT COMPREHENSIVE SEX EDUCATION BE TAUGHT 1
IN GRADES K THROUGH 12; TO REQUIRE THAT THE INSTRUCTION EMPHASIZE 2
ABSTINENCE AS THE EXPECTED NORM; TO ESTABLISH THE CRITERIA 3
REQUIRED FOR THE INSTRUCTION OF SEX EDUCATION COURSES IN A MANNER 4
THAT IS AGE AND DEVELOPMENTALLY APPROPRIATE; TO AMEND SECTION 5
37-13-135, MISSISSIPPI CODE OF 1972, TO DIRECT THE LOCAL SCHOOL 6
BOARDS TO ADOPT PLANS FOR THE IMPLEMENTATION OF THE COMPREHENSIVE 7
SCHOOL HEALTH EDUCATION PROGRAM, WHICH SHALL INCLUDE INSTRUCTION 8
IN COMPREHENSIVE SEX EDUCATION; TO AMEND SECTION 37-14-3, 9
MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC SCHOOL NURSES TO 10
PROVIDE INSTRUCTION IN EACH OF THE COMPONENTS OF THE COMPREHENSIVE 11
SCHOOL HEALTH EDUCATION PROGRAM; TO REQUIRE THE OFFICE OF HEALTHY 12
SCHOOLS TO SUBMIT POLICY RECOMMENDATIONS TO THE STATE BOARD OF 13
EDUCATION FOR THE ADOPTION OF ANY RULES AND REGULATIONS RELATING 14
TO THE PROGRAM; TO AMEND SECTIONS 37-13-131 AND 37-13-171, 15
MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS 16
ACT; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. (1) (a) No student shall be required to take or 19
participate in any class or course in comprehensive sex education 20
if the student's parent or guardian submits written objection to 21
that participation in a manner consistent with notice required of 22
schools under Section 37-13-173, informing the parent or guardian 23
of the right to exclude their child from participation. Objection 24
and refusal to take or participate in the course or program shall 25
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be without detriment to the student for suspension or expulsion. 26
Each class or course in comprehensive sex education offered in any 27
of Grades K through 12 shall include instruction on the prevention 28
of sexually transmitted infections, including the prevention, 29
transmission and spread of HIV. Nothing in this section prohibits 30
instruction in sanitation, hygiene or traditional courses in 31
biology. 32
(b) All public elementary, junior high and senior high 33
school classes that teach sex education and discuss sexual 34
activity or behavior shall emphasize that abstinence is the 35
expected norm in that abstinence from sexual activity or behavior 36
is the only protection that is one hundred percent (100%) 37
effective against unwanted teenage pregnancy, sexually transmitted 38
infections and HIV when transmitted sexually. 39
(2) (a) For the purposes of this subsection: 40
(i) "Factual information" includes, without 41
limitation, medical, psychiatric, psychological, empirical and 42
statistical statements. 43
(ii) "Medically accurate" means verified or 44
supported by research conducted in compliance with scientific 45
methods, published in peer-review journals, where appropriate, and 46
recognized as accurate and objective by professional organizations 47
and agencies with expertise in the relevant field. 48
(b) All sex education courses that discuss sexual 49
activity or behavior must satisfy the following criteria: 50
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(i) Factual information presented in course 51
material and instruction shall be medically accurate and 52
objective; 53
(ii) All course material and instruction shall be 54
age and developmentally appropriate; 55
(iii) Course material and instruction shall 56
include a discussion of sexual abstinence as a method to prevent 57
unintended pregnancy and sexually transmitted infections, 58
including HIV; 59
(iv) Course material and instruction shall present 60
the latest medically factual information regarding both the 61
possible side effects and health benefits of all forms of 62
contraception, including the success and failure rates for the 63
prevention of pregnancy and sexually transmitted infections, 64
including HIV; 65
(v) Course material and instruction shall include 66
a discussion of the possible consequences of unintended pregnancy 67
and sexually transmitted infections, including HIV; 68
(vi) Course material and instruction shall stress 69
that sexually transmitted infections are serious possible hazards 70
of sexual activity or behavior. Students shall be provided with 71
statistics based on the latest medical information citing the 72
failure and success rates of all contraceptive methods in 73
preventing unintended pregnancies and HIV and other sexually 74
transmitted infection; 75
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(vii) Course material and instruction shall advise 76
students of the laws pertaining to their financial responsibility 77
to children born in and out of wedlock; 78
(viii) Course material and instruction shall 79
advise students that it is unlawful for males or females of any 80
age to engage in sexual conduct or have sexual relations with a 81
minor under a certain age; 82
(ix) Course material and instruction shall discuss 83
and provide for the development of positive communication skills 84
to maintain healthy relationships and avoid unwanted sexual 85
activity; 86
(x) Course material and instruction shall 87
emphasize that the student has the power to control personal 88
behavior. Students shall be encouraged to base their actions on 89
reasoning, self-discipline, sense of responsibility, self-control, 90
and ethical considerations, such as respect for oneself and 91
others; 92
(xi) Course material and instruction shall teach 93
students to refrain from making unwanted physical and verbal 94
sexual advances and how to reject unwanted sexual advances and 95
shall include information about verbal, physical, and visual 96
sexual harassment, including, without limitation, nonconsensual 97
sexual advances, nonconsensual physical sexual contact, and rape 98
by an acquaintance. The course material and instruction shall 99
contain methods of preventing sexual assault by an acquaintance, 100
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including exercising good judgment and avoiding behavior that 101
impairs one's judgment. The course material and instruction shall 102
emphasize personal accountability and respect for others and shall 103
also encourage youth to resist negative peer pressure. The course 104
material and instruction shall inform students of the potential 105
legal consequences of sexual assault by an acquaintance; 106
(xii) Course material and instruction shall teach 107
male students about male accountability for sexual violence and 108
shall teach female students about reducing vulnerability for 109
sexual violence; 110
(xiii) Course material and instruction shall teach 111
students about counseling, medical, and legal resources available 112
to survivors of sexual abuse and sexual assault, including 113
resources for escaping violent relationships; 114
(xiv) Course material and instruction shall teach 115
students that it is wrong to take advantage of or to exploit 116
another person; and 117
(xv) Course material and instruction shall be free 118
of racial, ethnic, gender, religious or sexual orientation biases. 119
(c) An opportunity shall be afforded to parents or 120
guardians to examine the instructional materials to be used in the 121
class or course. 122
(3) Nothing in this section shall be construed to conflict 123
with or repeal the provisions of laws relating to abstinence-only 124
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or abstinence-plus education and its components under Section 125
37-13-171. 126
SECTION 2. Section 37-13-135, Mississippi Code of 1972, is 127
amended as follows: 128
37-13-135. (1) In addition to all other authority, duties 129
and powers the school boards of the school districts of this state 130
may now have, each * * * school board shall adopt plans for the 131
implementation of the Comprehensive School Health Education 132
Program into the local school curriculum, which shall include 133
instruction in comprehensive sex education. 134
(2) School boards shall appoint a local health education 135
council to make recommendations regarding a comprehensive health 136
education curriculum. 137
(3) There shall be cooperation between the State Department 138
of Education, Office of Comprehensive School Health Education and 139
the school boards of the several school districts in implementing 140
this program as it best suits the needs of the individual 141
districts. 142
(4) The Commission on School Accreditation shall encourage 143
the development of plans of comprehensive school health education 144
and the implementation thereof. 145
SECTION 3. Section 37-14-3, Mississippi Code of 1972, is 146
amended as follows: 147
37-14-3. (1) The State Department of Education is 148
designated as the state agency responsible for the administration 149
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and supervision of the school nurse program as an education and 150
wellness curriculum in the public schools of the State of 151
Mississippi. The public school nurse program administered by the 152
State Department of Education shall be known and may be cited as 153
the "Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse 154
Program." It is the intent of the Legislature that all funds made 155
available to the State Department of Education for the purpose of 156
employing school nurses shall be administered by the State 157
Department of Education. 158
(2) The State Department of Education, through the Office of 159
Healthy Schools, shall develop standards, procedures and criteria 160
for the public school nurse programs in Kindergarten through Grade 161
12. The Office of Healthy Schools of the State Department of 162
Education shall assume the responsibility for promoting a 163
statewide school nurse program designed to prepare local school 164
districts to incorporate the school program into their local 165
educational programs. 166
(3) From and after July 1, 2007, the School Nurse 167
Intervention Program administered and funded by the State 168
Department of Health shall be transferred to the Office of Healthy 169
Schools of the State Department of Education. Any administrative 170
personnel employed by the State Department of Health for the 171
administration of school nurses under the School Nurse 172
Intervention Program may be considered for employment by the 173
Office of Healthy Schools of the State Department of Education for 174
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the purpose of coordinating the employment of school nurses in the 175
school districts. Any administrative personnel formerly employed 176
by the Partnership for a Healthy Mississippi, Inc., for the 177
administration of school nurses in the public schools may be 178
considered for employment by the Office of Healthy Schools of the 179
State Department of Education for the purpose of coordinating the 180
employment of school nurses in the school districts. All records 181
and unexpended balances of accounts in the School Nurse 182
Intervention Program relating to the employment of school nurses 183
shall be transferred to the Office of Healthy Schools in the State 184
Department of Education in accordance with the transfer of 185
responsibility under this chapter. 186
(4) The nurses in the Mary Kirkpatrick Haskell-Mary 187
Sprayberry Public School Nurse Program shall have the following 188
specific responsibilities: 189
(a) Serve as the coordinator of the health services 190
program and provide nursing care; 191
(b) Provide health education to students, including 192
providing instruction in each of the components of the 193
Comprehensive School Health Education Program provided for in 194
Section 37-13-131(3); 195
(c) Implement activities to promote health and prevent 196
tobacco, alcohol and substance use and abuse; 197
(d) Identify health and safety concerns in the school 198
environment and promote a nurturing social environment; 199
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(e) Administer medications and help students manage 200
their health problems; 201
(f) Support healthy food services programs; 202
(g) Promote healthy physical education, sports policies 203
and practices; 204
(h) Promote dropout prevention programs; and 205
(i) Participate in allied health programs to introduce 206
students to health careers. 207
(5) The Office of Healthy Schools of the State Department of 208
Education shall provide resources to all public school nurses so 209
that those schools with school nurses will be prepared to provide 210
health education in Mississippi schools and support the 211
Mississippi Comprehensive Health Framework, Mississippi Physical 212
Education Framework, Wellness Policy, coordinated approach to 213
school health, and other resources required by the State Board of 214
Education. 215
(6) In administering the Mary Kirkpatrick Haskell-Mary 216
Sprayberry Public School Nurse Program, the Office of Healthy 217
Schools of the State Department of Education shall perform the 218
following duties: 219
(a) Execute any contracts, agreements or other 220
documents with any governmental agency or any person, corporation, 221
association, partnership or other organization or entity that are 222
necessary to accomplish the purposes of this chapter; 223
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(b) Receive grants or any other contributions made to 224
the State Board of Education to be used for specific purposes 225
related to the goals of this chapter; 226
(c) Submit to the State Auditor any financial records 227
that are necessary for the Auditor to perform an annual audit of 228
the commission as required by law; 229
(d) * * * Submit policy recommendations to the State 230
Board of Education for the adoption of any rules or regulations 231
that are necessary to carry out the purposes of this chapter; 232
(e) Develop criteria to measure the effectiveness of a 233
school nurse; 234
(f) Communicate to superintendents and principals how 235
to maximize the effectiveness of a public school nurse; 236
(g) Develop recommended salary structure for school 237
districts to use when hiring a school nurse; 238
(h) Communicate to superintendents, principals and 239
other appropriate school officials regarding the statutes and 240
regulations prohibiting the use of tobacco by school personnel on 241
school property and at school events, and to monitor the 242
effectiveness of this ban; 243
(i) Implement policies to reduce unnecessary paperwork 244
by public school nurses; and 245
(j) Take any other actions that are necessary to carry 246
out the purposes of this chapter. 247
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SECTION 4. Section 37-13-131, Mississippi Code of 1972, is 248
amended as follows: 249
37-13-131. (1) The State Department of Education is 250
designated as the state agency responsible for the administration 251
and supervision of the Comprehensive School Health Education 252
Program as an educational curriculum in the State of Mississippi. 253
It is the intent of the Legislature that all funds made available 254
to the State Department of Education for the purpose of 255
comprehensive school health education shall be administered by the 256
State Department of Education. 257
(2) * * * In accordance with the provisions of subsection 258
(1) of this section, the State Department of Education is 259
authorized to establish an Office of Comprehensive School Health 260
Education within the framework of the State Department of 261
Education for the purpose of developing standards, procedures and 262
criteria for the administration and supervision of a statewide 263
program of health education in Kindergarten through Grade 12. The 264
State Department of Education, through the Office of Comprehensive 265
School Health Education, shall assume the further responsibility 266
for promoting a statewide effort designed to prepare local school 267
faculties and staffs to incorporate the comprehensive health 268
education concept into their local educational programs. 269
(3) The Mississippi Department of Health, in conjunction 270
with the Office of Student Development-Branch of Health-Related 271
Services of the State Department of Education, shall develop a 272
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long-range strategic plan for a Comprehensive School Health 273
Education Program in Grades K through 12. The Comprehensive 274
School Health Education Program shall encompass * * * five (5) 275
interdependent components: 276
(a) Health education; 277
(b) Health service; 278
(c) Physical education and fitness; * * * 279
(d) A healthful school environment * * *; and 280
(e) Sex education as provided under Section 1 of this 281
act. 282
These curriculum components shall be designed to develop 283
decision-making competencies related to health and health 284
behavior. * * * These curriculum components are intended to 285
motivate health maintenance and promote wellness, not only to 286
prevent disease or disability. * * * 287
SECTION 5. Section 37-13-171, Mississippi Code of 1972, is 288
amended as follows: 289
37-13-171. (1) The local school board of every public 290
school district shall adopt a policy to implement abstinence-only 291
or abstinence-plus education or sexual risk avoidance education 292
into its curriculum, which instruction in those subjects shall be 293
implemented not later than the start of the 2023-2024 school year 294
or the local school board shall adopt the program which has been 295
developed by the Mississippi Department of Human Services and the 296
Mississippi Department of Health. The State Department of 297
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Education shall approve each district's curriculum for sex-related 298
education and shall establish a protocol to be used by districts 299
to provide continuity in teaching the approved curriculum in a 300
manner that is age, grade and developmentally appropriate. 301
(2) Notwithstanding any other provision to the contrary, 302
abstinence-only education shall remain the state standard for any 303
sex-related education taught in the public schools. For purposes 304
of this section, abstinence-only education includes any type of 305
instruction or program which, at an appropriate age and grade: 306
(a) Teaches the social, psychological and health gains 307
to be realized by abstaining from sexual activity, and the likely 308
negative psychological and physical effects of not abstaining; 309
(b) Teaches the harmful consequences to the child, the 310
child's parents and society that bearing children out of marriage 311
is likely to produce, including the health, educational, financial 312
and other difficulties the child and his or her parents are likely 313
to face, as well as the inappropriateness of the social and 314
economic burden placed on others; 315
(c) Teaches that unwanted sexual advances are 316
irresponsible and teaches how to reject sexual advances and how 317
alcohol and drug use increases vulnerability to sexual advances; 318
(d) Teaches that abstinence from sexual activity before 319
marriage, and fidelity within marriage, is the only certain way to 320
avoid out-of- marriage pregnancy, sexually transmitted diseases 321
and related health problems. The instruction or program may 322
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include a discussion on condoms or contraceptives, but only if 323
that discussion includes a factual presentation of the risks and 324
failure rates of those contraceptives. In no case shall the 325
instruction or program include any demonstration of how condoms or 326
other contraceptives are applied; 327
(e) Teaches the current state law related to sexual 328
conduct, including forcible rape, statutory rape, paternity 329
establishment, child support and homosexual activity; and 330
(f) Teaches that a mutually faithful, monogamous 331
relationship in the context of marriage is the only appropriate 332
setting for sexual intercourse. 333
(3) A program or instruction on sex-related education need 334
not include every component listed in subsection (2) of this 335
section for abstinence-only education. However, no program or 336
instruction under an abstinence-only curriculum may include 337
anything that contradicts the excluded components. For purposes 338
of this section, abstinence-plus education includes every 339
component listed under subsection (2) of this section that is age 340
and grade appropriate, in addition to any other programmatic or 341
instructional component approved by the department, which shall 342
not include instruction and demonstrations on the application and 343
use of condoms. Abstinence-plus education may discuss other 344
contraceptives, the nature, causes and effects of sexually 345
transmitted diseases, or the prevention of sexually transmitted 346
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ST: Comprehensive sex education; require
teaching of Grades K-12.
diseases, including HIV/AIDS, along with a factual presentation of 347
the risks and failure rates. 348
(4) Any course containing sex-related education offered in 349
the public schools shall include instruction in either 350
abstinence-only or abstinence-plus education. However, the local 351
school board may authorize, by an affirmative vote of a majority 352
of its members, the teaching of sex education without instruction 353
on abstinence. In that event, the curriculum offered in the 354
school relating to sex education must be approved by a majority of 355
the school board members. 356
(5) Local school districts, in their discretion, may host 357
programs designed to teach parents how to discuss abstinence with 358
their children. 359
(6) There shall be no effort in either an abstinence-only or 360
an abstinence-plus curriculum to teach that abortion can be used 361
to prevent the birth of a baby. 362
(7) At all times when sex-related education is discussed or 363
taught, boys and girls shall be separated according to gender into 364
different classrooms, sex-related education instruction may not be 365
conducted when boys and girls are in the company of any students 366
of the opposite gender. 367
SECTION 6. This act shall take effect and be in force from 368
and after July 1, 2026. 369