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- 2025
69th Legislature 2025 HB 471
- 1 - Authorized Print Version – HB 471
ENROLLED BILL
AN ACT REVISING SCHOOL LAWS RELATED TO HUMAN SEXUALITY AND IDENTITY INSTRUCTION TO
INCREASE THE TRANSPARENCY OF CURRICULUM AND STRENGTHEN THE RIGHTS OF PARENTS TO
CONTROL THEIR CHILD'S INSTRUCTION BY REQUIRING PARENT OR GUARDIAN PERMISSION FOR A
CHILD TO RECEIVE IDENTITY INSTRUCTION; REVISING REQUIREMENTS FOR SCHOOLS TO PROVIDE
NOTICE TO PARENTS AND GUARDIANS PRIOR TO THE PROVISION OF HUMAN SEXUALITY
INSTRUCTION; PROVIDING AND REVISING DEFINITIONS; REQUIRING TRUSTEES TO REPORT
VIOLATIONS TO THE BOARD OF PUBLIC EDUCATION; AMENDING SECTION 20-7-120, MCA; AND
PROVIDING AN EFFECTIVE DATE.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-7-120, MCA, is amended to read:
"20-7-120. Excused absences from curriculum requirements Human sexuality instruction --
notice to parents -- excused absences -- prohibited activities. (1) (a) A parent, guardian, or other person
who is responsible for the care of a child may refuse to allow the child to attend or withdraw the child from a
course of instruction, a class period, an assembly, an organized school function, or instruction provided by the
district through its staff or guests invited at the request of the district regarding human sexuality instruction. The
withdrawal or refusal to attend is an excused absence pursuant to 20-5-103.
(b) A school may not allow a child to attend identity instruction unless the child's parent or guardian
agrees in writing to allow the child to attend. Pursuant to 20-5-103, a child is excused from participating in
identity instruction unless the child fails to attend after the parent or guardian has agreed in writing to allow the
child's attendance. A school may allow a parent or guardian the opportunity to provide the agreement under this
subsection (1)(b) at the beginning of a school year or semester as part of the annual notification under
subsection (3) but shall allow a parent or guardian to cancel the agreement by providing written notification to
- 2025
69th Legislature 2025 HB 471
- 2 - Authorized Print Version – HB 471
ENROLLED BILL
the district superintendent at any time.
(2) Any school implementing or maintaining a curriculum, providing materials, or holding an event
or assembly at which the district that provides human sexuality instruction, whether introduced by school
educators, administrators, or officials or by guests invited at the request of the school, or identity instruction
shall adopt a policy ensuring parental or guardian notification no less than 48 hours no fewer than 5 school
days or more than 14 school days prior to holding an event or assembly or first introducing materials for
instructional use. Additional notifications after providing notice under this subsection are not required.
(3) A Using contact information most recently provided by the parent or guardian, a school district
shall annually notify in advance the parent or guardian of each student scheduled to be enrolled in a course that
includes units or lessons on human sexuality instruction or identity instruction in the district or school in
advance of the instruction of:
(a) the basic content of the district's or school's human sexuality instruction or identity instruction
intended to be taught to the student and the option to review all curriculum materials related to human sexuality
instruction or identity instruction in the course pursuant to subsection (5); and
(b) the parent's or guardian's right to withdraw the student from the district's or school's human
sexuality instruction; and
(c) the requirement that the parent or guardian provide written permission to allow the child to
attend identity instruction.
(4) In addition to the notice required in subsection (3), a school district shall adopt a policy to
ensure an annual notice is available, including an electronic link to materials or summaries of materials,
consistent with copyright laws, for:
(a) the district's health enhancement curriculum, including lesson plans or other materials used for
human sexuality instruction or identity instruction; and
(b) a calendar of events or assemblies at which human sexuality instruction or identity instruction
will be provided.
(4)(5) (a) A school district shall make all curriculum materials used in the district's or school's human
sexuality instruction and identity instruction available for public inspection prior to the use of the materials in
actual instruction.
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69th Legislature 2025 HB 471
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ENROLLED BILL
(b) A school district shall prepare a summary of the district's health enhancement curriculum and
shall review and prepare any updates to the summary each year. The summary is public information and is
subject to the public's right to access information pursuant to 2-6-1003.
(5)(6) A school district or its personnel or agents may not permit a person, entity, or any affiliate or
agent of the person or entity to offer, sponsor, or furnish in any manner any course materials or instruction
relating to human sexuality or sexually transmitted diseases to its students or personnel if the person, entity, or
any affiliate or agent of the person or entity is a provider of abortion services.
(7) If, after investigating a violation under this section, the trustees of a district find that an
individual has knowingly or repeatedly violated this section, the trustees shall report the findings to the board of
public education pursuant to 20-4-110.
(6)(8) (a) For the purposes of this section, the following terms apply:
(i) "human Human sexuality instruction" means teaching or otherwise providing information about
human sexuality, including intimate relationships, human instruction that has the goal or purpose of studying,
exploring, or informing students about any of the following human sexuality topics: intimate relationships, sexual
anatomy, sexual reproduction, sexually transmitted infections, sexual acts, sexual orientation, gender identity,
abstinence, contraception, or reproductive rights and responsibilities.
(ii) "Identity instruction" means instruction that has the goal or purpose of studying, exploring, or
informing students about gender identity or gender expression, or sexual orientation.
(iii) "Instruction" means the conduct of organized learning activities, including the provision of
materials, for students in a public school, whether conducted by a teacher or other school staff or guests invited
at the request of the school or district and regardless of the duration, venue, or method of delivery.
(b) Neither "human sexuality instruction" nor "identity instruction" includes or applies to a teacher's
response to an unexpected student-initiated inquiry related to the topics under each term to the extent
necessary to resolve the inquiry or to maintain civility and decorum in the classroom."
Section 2. Effective date. [This act] is effective July 1, 2025.
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I hereby certify that the within bill,
HB 471, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 471
INTRODUCED BY J. HINKLE, R. GREGG, M. REGIER, S. FITZPATRICK, B. LER, K. BOGNER
AN ACT REVISING SCHOOL LAWS RELATED TO HUMAN SEXUALITY AND IDENTITY INSTRUCTION TO
INCREASE THE TRANSPARENCY OF CURRICULUM AND STRENGTHEN THE RIGHTS OF PARENTS TO
CONTROL THEIR CHILD'S INSTRUCTION BY REQUIRING PARENT OR GUARDIAN PERMISSION FOR A
CHILD TO RECEIVE IDENTITY INSTRUCTION; REVISING REQUIREMENTS FOR SCHOOLS TO PROVIDE
NOTICE TO PARENTS AND GUARDIANS PRIOR TO THE PROVISION OF HUMAN SEXUALITY
INSTRUCTION; PROVIDING AND REVISING DEFINITIONS; REQUIRING TRUSTEES TO REPORT
VIOLATIONS TO THE BOARD OF PUBLIC EDUCATION; AMENDING SECTION 20-7-120, MCA; AND
PROVIDING AN EFFECTIVE DATE.