158.1415 Curriculum for instruction on human sexuality or sexually transmitted
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/ky/158-1415A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
diseases -- Written consent of parents -- Notification to parents -- Provision of
alternative curriculum -- Exceptions.
(1)If a school council or, if none exists, the principal adopts a curriculum for human
sexuality or sexually transmitted diseases, instruction shall include but not be
limited to the following content:
(a)Abstinence from sexual activity is the desirable goal for all school-age
children;
(b)Abstinence from sexual activity is the only certain way to avoid unintended
pregnancy, sexually transmitted diseases, and other associated health
problems;
(c)The best way to avoid sexually transmitted diseases and other associated
health problems is to establish a permanent mutually faithful monogamous
relationship;
(d)A policy to respect parental rights by ensuring that:
1. Except as provided in subsection (4)(b) of this section, children in grade
five
(5)and below do not receive any instruction through curriculum or
programs on human sexuality or sexually transmitted diseases; or
2. Any child, regardless of grade level, enrolled in the district does not
receive any instruction or presentation that has a goal or purpose of
students studying or exploring gender identity, gender expression, or
sexual orientation; and
(e)A policy to notify a parent in advance and obtain the parent's written consent
before the parent's child in grade six
(6)or above receives any instruction
through curriculum or programs on human sexuality or sexually transmitted
diseases authorized in this section.
(2)Any course, curriculum, or program offered by a public school on the subject of
human sexuality provided by school personnel or by third parties authorized by the
school shall:
(a)Provide an alternative course, curriculum, or program without any penalty to
the student's grade or standing for students whose parents have not provided
written consent as required in subsection (1)(e) of this section;
(b)Be subject to an inspection by parents of participating students that allows
parents to review the following materials:
1. Curriculum;
2. Instructional materials;
3. Lesson plans;
4. Assessments or tests;
5. Surveys or questionnaires;
6. Assignments; and
7. Instructional activities;
(c)Be developmentally appropriate; and
(d)Be limited to a curriculum that has been subject to the reasonable review and
response by stakeholders in conformity with this subsection and KRS
160.345(2).
(3)A public school offering any course, curriculum, or program on the subject of
human sexuality shall provide notification to the parents of a student at least two
weeks prior to the student's planned participation in the course, curriculum, or
program. The notification shall:
(a)Inform the parents of the provisions of subsection
(2)of this section;
(b)Provide the date the course, curriculum, or program is scheduled to begin;
(c)Detail the process for a parent to review the materials outlined in subsection
(2)of this section;
(d)Explain the process for a parent to provide written consent for the student's
participation in the course, curriculum, or program; and
(e)Provide the contact information for the teacher or instructor of the course,
curriculum, or program and a school administrator designated with oversight.
(4)Nothing in this section shall prohibit school personnel from:
(a)Discussing human sexuality, including the sexuality of any historic person,
group, or public figure, where the discussion provides necessary context in
relation to a topic of instruction from a curriculum approved pursuant to KRS
160.345;
(b)Providing age-appropriate instruction on child sexual abuse through
curriculum or programs in accordance with the standards set forth by the
National Children's Alliance and approved by the Children's Advocacy
Centers of Kentucky, regardless of grade level; or
(c)Responding to a question from a student during class regarding human
sexuality as it relates to a topic of instruction from a curriculum approved
pursuant to KRS 160.345.