SB 786 - This act modifies provisions governing school district and charter school course materials and instruction on human sexuality and sexually transmitted diseases. Under current law, a school district or charter school which provides human sexuality instruction may separate students according to gender for instructional purposes. Under this act, a school district or charter school which provides course materials or instruction relating to human sexuality or sexually transmitted diseases may separate students according to gender.
The board of a school district or charter school shall determine the specific content of the district's or school's course materials relating to human sexuality or sexually transmitted diseases, and ensure that all course materials relating to sexually transmitted diseases are age-appropriate.
The basic content of the course materials relating to human sexuality or sexually transmitted diseases shall be shared with the parent of each student in the district or school, and the parent shall have the right to refuse the provision to the student any of the course materials. The parent shall also have the right to remove the student from any part of the instruction relating to human sexuality or sexually transmitted diseases. All course materials or instruction relating to human sexuality and sexually transmitted diseases shall be made available for public inspection prior to the use of such curriculum.
Any course material or instruction relating to gender identity or sexual orientation shall be subject to the same notice, refusal, and removal provisions.
Any parent or legal guardian of a student shall have standing to bring a civil action against the school district or charter school to enforce compliance with this act, and may seek injunctive relief. The court may, in its discretion, award punitive damages, and the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
This act is identical to HB 1565 (2020), and is substantially similar to a provision in HCS/HB 2173 (2020), and HB 2200 (2020).
JOSIE BUTLER