(1) As used in this section: (a) (i) "Sex education instruction" means, for the purpose of the parental consent requirement in this section, any course material, unit, class, lesson, activity, or presentation that, as the focus of the discussion, provides instruction or information to a student about: (A) sexual abstinence; (B) human development, including puberty and maturation; (C) human reproductive processes, including conception, fetal development, pregnancy, and birth; (D) human reproductive anatomy and physiology; (E) healthy dating practices, marriage, and parenthood, in accordance with the success sequence as defined in Section 53G-10-402; (F) adoption in accordance with Section 53G-10-404; (G) information about contraceptive methods or devices in accordance with Subsections 53G-10-402(2)(b) and (c); (H) chronic, infectious, and acute diseases and conditions of the reproductive system, including sexually transmitted infections and diseases; or (I) refusal skills, as defined in Section 53G-10-402. (ii) "Sex education instruction" does not include: (A) child sexual abuse prevention instruction described in Section 53G-9-207; or (B) instruction in refusal skills or situational awareness, as those terms are defined in Section 53G-10-402. (b) "School" means the same as that term is defined in Section 53G-10-205. (2) (a) A school shall obtain prior written consent from a student's parent before the school may provide sex education instruction to the student. (b) A school may not provide: (i) sex education instruction to a student without the prior written consent described in Subsection (2)(a); or (ii) any instruction related to sex that is not: (A) described in the definition of sex education and subject to the prior written consent described in Subsection (2)(a); or (B) otherwise provided for or described in Section 53G-10-402. (3) If a student's parent chooses not to have the student participate in sex education instruction, a school shall: (a) waive the requirement for the student to participate in the sex education instruction; or (b) provide the student with a reasonable alternative to the sex education instruction requirement that does not include the content described in Subsection (1)(a). (4) In cooperation with the student's teacher or school, a parent is responsible for the sex education instruction of the parent's student if a school: (a) waives the student's sex education instruction requirement under Subsection (3)(a); or (b) provides the student with a reasonable alternative to the sex education instruction requirement under Subsection (3)(b). (5) A school, an LEA governing board, or the state board may not penalize a student's academic or citizenship performance if the student's parent chooses not to have the student participate in sex education instruction as described in Subsection (3).
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