A BILL FOR AN ACT ENTITLED: "AN ACT establishing parameters for k-12 human sexuality education; REQUIRING A SCHOOL DISTRICT TO OBTAIN WRITTENCONSENT FROM A PARENT ORGUARDIAN BEFORE INSTRUCTING STUDENTS IN HUMAN SEXUALITY EDUCATION; ALLOWING A PARENT OR GUARDIAN OF A CHILD TO REMOVE THE CHILD FROM HUMAN SEXUALITY INSTRUCTION; Providing a DEFINITION of human Sexuality instruction; REQUIRING A SCHOOL DISTRICT TO INFORM A PARENT OR GUARDIAN WHEN EVENTS OR COURSES ON HUMAN SEXUALITY WILL BE HELD OR TAUGHT; PROHIBITING A SCHOOL DISTRICT FROM ALLOWING ANY ABORTION SERVICES PROVIDER TO OFFER MATERIALS OR INSTRUCTION AT A SCHOOL; AMENDING SECTION 20-5-103, MCA; and PROVIDING AN EFFECTIVE DATE."
"20-5-103. Compulsory attendance and excuses. (1) Except as provided in subsection (2), any parent, guardian, or other person who is responsible for the care of any child who is 7 years of age or older prior to the first day of school in any school fiscal year shall cause the child to attend the school in which the child is enrolled for the school term and each school day in the term prescribed by the trustees of the district until the later of the following dates:
NEW SECTION. Section 2. Excused absences from curriculum requirements -- notice -- prohibited activities. (1) A school may not allow a child to attend a course of instruction, a class period, an assembly, an organized school function, or instruction of any type that involves human sexual education, human sexuality issues, or information regarding sexual acts unless that child's parent or guardian agrees in writing to allow the child to attend the instruction. Pursuant to 20-5-103, a child is excused from participating in the instruction unless the child fails to attend after the parent or guardian has agreed in writing to allow the child's attendance.
(1) 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.
(2) Any school implementing or maintaining a curriculum, providing materials, or holding an event or assembly that involves human sexual education, human sexuality issues, or information regarding sexual acts at which the district provides human sexuality instruction, whether introduced by school educators, administrators, or officials or by guests invited at the request of the school, shall adopt a policy ensuring parental or guardian notification no less than 48 hours prior to holding an event or assembly or introducing materials for instructional use.
(4) A school district shall make all curriculum materials used in the district's or school's human sexuality instruction available for public inspection prior to the use of the materials in actual instruction.
(5) 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.
(6) For purposes of this section, "human sexuality instruction" means teaching or otherwise providing information about human sexuality, including intimate relationships, human sexual anatomy, sexual reproduction, sexually transmitted infections, sexual acts, sexual orientation, gender identity, abstinence, contraception, or reproductive rights and responsibilities.
NEW SECTION. Section 4. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
New language in a bill appears underlined, deleted material appears stricken.
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See the status of this bill for the bill's primary sponsor.
Prepared by Montana Legislative Services