State Codes and Statutes

Statutes > Utah > Title-53a > Chapter-13 > 53a-13-101

53A-13-101. Instruction in health -- Parental consent requirements -- Conduct andspeech of school employees and volunteers -- Political and religious doctrine prohibited.
(1) (a) The State Board of Education shall establish curriculum requirements underSection 53A-1-402, that include instruction in:
(i) community and personal health;
(ii) physiology;
(iii) personal hygiene; and
(iv) prevention of communicable disease.
(b) (i) That instruction shall stress:
(A) the importance of abstinence from all sexual activity before marriage and fidelityafter marriage as methods for preventing certain communicable diseases; and
(B) personal skills that encourage individual choice of abstinence and fidelity.
(ii) (A) At no time may instruction be provided, including responses to spontaneousquestions raised by students, regarding any means or methods that facilitate or encourage theviolation of any state or federal criminal law by a minor or an adult.
(B) Subsection (1)(b)(ii)(A) does not preclude an instructor from responding to aspontaneous question as long as the response is consistent with the provisions of this section.
(c) (i) The board shall recommend instructional materials for use in the curricula requiredunder Subsection (1)(a) after considering evaluations of instructional materials by the StateInstructional Materials Commission.
(ii) A local school board may choose to adopt:
(A) the instructional materials recommended under Subsection (1)(c)(i); or
(B) other instructional materials as provided in state board rule.
(iii) The state board rule made under Subsection (1)(c)(ii)(B) shall include, at aminimum:
(A) that the materials adopted by a local school board under Subsection (1)(c)(ii)(B) shallbe based upon recommendations of the school district's Curriculum Materials Review Committeethat comply with state law and state board rules emphasizing abstinence before marriage andfidelity after marriage, and prohibiting instruction in:
(I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
(II) the advocacy of homosexuality;
(III) the advocacy or encouragement of the use of contraceptive methods or devices; or
(IV) the advocacy of sexual activity outside of marriage;
(B) that the adoption of instructional materials shall take place in an open and regularmeeting of the local school board for which prior notice is given to parents and guardians ofstudents attending schools in the district and an opportunity for them to express their views andopinions on the materials at the meeting;
(C) provision for an appeal and review process of the local school board's decision; and
(D) provision for a report by the local school board to the State Board of Education ofthe action taken and the materials adopted by the local school board under Subsections(1)(c)(ii)(B) and (1)(c)(iii).
(2) (a) Instruction in the courses described in Subsection (1) shall be consistent andsystematic in grades eight through 12.
(b) At the request of the board, the Department of Health shall cooperate with the boardin developing programs to provide instruction in those areas.

(3) (a) The board shall adopt rules that:
(i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323 arecomplied with; and
(ii) require a student's parent or legal guardian to be notified in advance and have anopportunity to review the information for which parental consent is required under Sections76-7-322 and 76-7-323.
(b) The board shall also provide procedures for disciplinary action for violation of Section76-7-322 or 76-7-323.
(4) (a) In keeping with the requirements of Section 53A-13-109, and because schoolemployees and volunteers serve as examples to their students, school employees or volunteersacting in their official capacities may not support or encourage criminal conduct by students,teachers, or volunteers.
(b) To ensure the effective performance of school personnel, the limitations described inSubsection (4)(a) also apply to school employees or volunteers acting outside of their officialcapacities if:
(i) they knew or should have known that their action could result in a material andsubstantial interference or disruption in the normal activities of the school; and
(ii) that action does result in a material and substantial interference or disruption in thenormal activities of the school.
(c) Neither the State Office of Education nor local school districts may provide trainingof school employees or volunteers that supports or encourages criminal conduct.
(d) The State Board of Education shall adopt rules implementing this section.
(e) Nothing in this section limits the ability or authority of the State Board of Educationand local school boards to enact and enforce rules or take actions that are otherwise lawful,regarding educators', employees', or volunteers' qualifications or behavior evidencing unfitnessfor duty.
(5) Except as provided in Section 53A-13-101.1, political, atheistic, sectarian, religious,or denominational doctrine may not be taught in the public schools.
(6) (a) Local school boards and their employees shall cooperate and share responsibilityin carrying out the purposes of this chapter.
(b) Each school district shall provide appropriate inservice training for its teachers,counselors, and school administrators to enable them to understand, protect, and properly instructstudents in the values and character traits referred to in this section and Sections 53A-13-101.1,53A-13-101.2, 53A-13-101.3, 53A-13-109, 53A-13-301, and 53A-13-302 and distributeappropriate written materials on the values, character traits, and conduct to each individualreceiving the inservice training.
(c) The written materials shall also be made available to classified employees, students,and parents and guardians of students.
(d) In order to assist school districts in providing the inservice training required underSubsection (6)(b), the State Board of Education shall as appropriate, contract with a qualifiedindividual or entity possessing expertise in the areas referred to in Subsection (6)(b) to developand disseminate model teacher inservice programs which districts may use to train theindividuals referred to in Subsection (6)(b) to effectively teach the values and qualities ofcharacter referenced in that subsection.
(e) In accordance with the provisions of Subsection (4)(c), inservice training may not

support or encourage criminal conduct.
(7) If any one or more provision, subsection, sentence, clause, phrase, or word of thissection, or the application thereof to any person or circumstance, is found to be unconstitutional,the balance of this section shall be given effect without the invalid provision, subsection,sentence, clause, phrase, or word.

Amended by Chapter 196, 2004 General Session

State Codes and Statutes

Statutes > Utah > Title-53a > Chapter-13 > 53a-13-101

53A-13-101. Instruction in health -- Parental consent requirements -- Conduct andspeech of school employees and volunteers -- Political and religious doctrine prohibited.
(1) (a) The State Board of Education shall establish curriculum requirements underSection 53A-1-402, that include instruction in:
(i) community and personal health;
(ii) physiology;
(iii) personal hygiene; and
(iv) prevention of communicable disease.
(b) (i) That instruction shall stress:
(A) the importance of abstinence from all sexual activity before marriage and fidelityafter marriage as methods for preventing certain communicable diseases; and
(B) personal skills that encourage individual choice of abstinence and fidelity.
(ii) (A) At no time may instruction be provided, including responses to spontaneousquestions raised by students, regarding any means or methods that facilitate or encourage theviolation of any state or federal criminal law by a minor or an adult.
(B) Subsection (1)(b)(ii)(A) does not preclude an instructor from responding to aspontaneous question as long as the response is consistent with the provisions of this section.
(c) (i) The board shall recommend instructional materials for use in the curricula requiredunder Subsection (1)(a) after considering evaluations of instructional materials by the StateInstructional Materials Commission.
(ii) A local school board may choose to adopt:
(A) the instructional materials recommended under Subsection (1)(c)(i); or
(B) other instructional materials as provided in state board rule.
(iii) The state board rule made under Subsection (1)(c)(ii)(B) shall include, at aminimum:
(A) that the materials adopted by a local school board under Subsection (1)(c)(ii)(B) shallbe based upon recommendations of the school district's Curriculum Materials Review Committeethat comply with state law and state board rules emphasizing abstinence before marriage andfidelity after marriage, and prohibiting instruction in:
(I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
(II) the advocacy of homosexuality;
(III) the advocacy or encouragement of the use of contraceptive methods or devices; or
(IV) the advocacy of sexual activity outside of marriage;
(B) that the adoption of instructional materials shall take place in an open and regularmeeting of the local school board for which prior notice is given to parents and guardians ofstudents attending schools in the district and an opportunity for them to express their views andopinions on the materials at the meeting;
(C) provision for an appeal and review process of the local school board's decision; and
(D) provision for a report by the local school board to the State Board of Education ofthe action taken and the materials adopted by the local school board under Subsections(1)(c)(ii)(B) and (1)(c)(iii).
(2) (a) Instruction in the courses described in Subsection (1) shall be consistent andsystematic in grades eight through 12.
(b) At the request of the board, the Department of Health shall cooperate with the boardin developing programs to provide instruction in those areas.

(3) (a) The board shall adopt rules that:
(i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323 arecomplied with; and
(ii) require a student's parent or legal guardian to be notified in advance and have anopportunity to review the information for which parental consent is required under Sections76-7-322 and 76-7-323.
(b) The board shall also provide procedures for disciplinary action for violation of Section76-7-322 or 76-7-323.
(4) (a) In keeping with the requirements of Section 53A-13-109, and because schoolemployees and volunteers serve as examples to their students, school employees or volunteersacting in their official capacities may not support or encourage criminal conduct by students,teachers, or volunteers.
(b) To ensure the effective performance of school personnel, the limitations described inSubsection (4)(a) also apply to school employees or volunteers acting outside of their officialcapacities if:
(i) they knew or should have known that their action could result in a material andsubstantial interference or disruption in the normal activities of the school; and
(ii) that action does result in a material and substantial interference or disruption in thenormal activities of the school.
(c) Neither the State Office of Education nor local school districts may provide trainingof school employees or volunteers that supports or encourages criminal conduct.
(d) The State Board of Education shall adopt rules implementing this section.
(e) Nothing in this section limits the ability or authority of the State Board of Educationand local school boards to enact and enforce rules or take actions that are otherwise lawful,regarding educators', employees', or volunteers' qualifications or behavior evidencing unfitnessfor duty.
(5) Except as provided in Section 53A-13-101.1, political, atheistic, sectarian, religious,or denominational doctrine may not be taught in the public schools.
(6) (a) Local school boards and their employees shall cooperate and share responsibilityin carrying out the purposes of this chapter.
(b) Each school district shall provide appropriate inservice training for its teachers,counselors, and school administrators to enable them to understand, protect, and properly instructstudents in the values and character traits referred to in this section and Sections 53A-13-101.1,53A-13-101.2, 53A-13-101.3, 53A-13-109, 53A-13-301, and 53A-13-302 and distributeappropriate written materials on the values, character traits, and conduct to each individualreceiving the inservice training.
(c) The written materials shall also be made available to classified employees, students,and parents and guardians of students.
(d) In order to assist school districts in providing the inservice training required underSubsection (6)(b), the State Board of Education shall as appropriate, contract with a qualifiedindividual or entity possessing expertise in the areas referred to in Subsection (6)(b) to developand disseminate model teacher inservice programs which districts may use to train theindividuals referred to in Subsection (6)(b) to effectively teach the values and qualities ofcharacter referenced in that subsection.
(e) In accordance with the provisions of Subsection (4)(c), inservice training may not

support or encourage criminal conduct.
(7) If any one or more provision, subsection, sentence, clause, phrase, or word of thissection, or the application thereof to any person or circumstance, is found to be unconstitutional,the balance of this section shall be given effect without the invalid provision, subsection,sentence, clause, phrase, or word.

Amended by Chapter 196, 2004 General Session


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State Codes and Statutes

Statutes > Utah > Title-53a > Chapter-13 > 53a-13-101

53A-13-101. Instruction in health -- Parental consent requirements -- Conduct andspeech of school employees and volunteers -- Political and religious doctrine prohibited.
(1) (a) The State Board of Education shall establish curriculum requirements underSection 53A-1-402, that include instruction in:
(i) community and personal health;
(ii) physiology;
(iii) personal hygiene; and
(iv) prevention of communicable disease.
(b) (i) That instruction shall stress:
(A) the importance of abstinence from all sexual activity before marriage and fidelityafter marriage as methods for preventing certain communicable diseases; and
(B) personal skills that encourage individual choice of abstinence and fidelity.
(ii) (A) At no time may instruction be provided, including responses to spontaneousquestions raised by students, regarding any means or methods that facilitate or encourage theviolation of any state or federal criminal law by a minor or an adult.
(B) Subsection (1)(b)(ii)(A) does not preclude an instructor from responding to aspontaneous question as long as the response is consistent with the provisions of this section.
(c) (i) The board shall recommend instructional materials for use in the curricula requiredunder Subsection (1)(a) after considering evaluations of instructional materials by the StateInstructional Materials Commission.
(ii) A local school board may choose to adopt:
(A) the instructional materials recommended under Subsection (1)(c)(i); or
(B) other instructional materials as provided in state board rule.
(iii) The state board rule made under Subsection (1)(c)(ii)(B) shall include, at aminimum:
(A) that the materials adopted by a local school board under Subsection (1)(c)(ii)(B) shallbe based upon recommendations of the school district's Curriculum Materials Review Committeethat comply with state law and state board rules emphasizing abstinence before marriage andfidelity after marriage, and prohibiting instruction in:
(I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
(II) the advocacy of homosexuality;
(III) the advocacy or encouragement of the use of contraceptive methods or devices; or
(IV) the advocacy of sexual activity outside of marriage;
(B) that the adoption of instructional materials shall take place in an open and regularmeeting of the local school board for which prior notice is given to parents and guardians ofstudents attending schools in the district and an opportunity for them to express their views andopinions on the materials at the meeting;
(C) provision for an appeal and review process of the local school board's decision; and
(D) provision for a report by the local school board to the State Board of Education ofthe action taken and the materials adopted by the local school board under Subsections(1)(c)(ii)(B) and (1)(c)(iii).
(2) (a) Instruction in the courses described in Subsection (1) shall be consistent andsystematic in grades eight through 12.
(b) At the request of the board, the Department of Health shall cooperate with the boardin developing programs to provide instruction in those areas.

(3) (a) The board shall adopt rules that:
(i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323 arecomplied with; and
(ii) require a student's parent or legal guardian to be notified in advance and have anopportunity to review the information for which parental consent is required under Sections76-7-322 and 76-7-323.
(b) The board shall also provide procedures for disciplinary action for violation of Section76-7-322 or 76-7-323.
(4) (a) In keeping with the requirements of Section 53A-13-109, and because schoolemployees and volunteers serve as examples to their students, school employees or volunteersacting in their official capacities may not support or encourage criminal conduct by students,teachers, or volunteers.
(b) To ensure the effective performance of school personnel, the limitations described inSubsection (4)(a) also apply to school employees or volunteers acting outside of their officialcapacities if:
(i) they knew or should have known that their action could result in a material andsubstantial interference or disruption in the normal activities of the school; and
(ii) that action does result in a material and substantial interference or disruption in thenormal activities of the school.
(c) Neither the State Office of Education nor local school districts may provide trainingof school employees or volunteers that supports or encourages criminal conduct.
(d) The State Board of Education shall adopt rules implementing this section.
(e) Nothing in this section limits the ability or authority of the State Board of Educationand local school boards to enact and enforce rules or take actions that are otherwise lawful,regarding educators', employees', or volunteers' qualifications or behavior evidencing unfitnessfor duty.
(5) Except as provided in Section 53A-13-101.1, political, atheistic, sectarian, religious,or denominational doctrine may not be taught in the public schools.
(6) (a) Local school boards and their employees shall cooperate and share responsibilityin carrying out the purposes of this chapter.
(b) Each school district shall provide appropriate inservice training for its teachers,counselors, and school administrators to enable them to understand, protect, and properly instructstudents in the values and character traits referred to in this section and Sections 53A-13-101.1,53A-13-101.2, 53A-13-101.3, 53A-13-109, 53A-13-301, and 53A-13-302 and distributeappropriate written materials on the values, character traits, and conduct to each individualreceiving the inservice training.
(c) The written materials shall also be made available to classified employees, students,and parents and guardians of students.
(d) In order to assist school districts in providing the inservice training required underSubsection (6)(b), the State Board of Education shall as appropriate, contract with a qualifiedindividual or entity possessing expertise in the areas referred to in Subsection (6)(b) to developand disseminate model teacher inservice programs which districts may use to train theindividuals referred to in Subsection (6)(b) to effectively teach the values and qualities ofcharacter referenced in that subsection.
(e) In accordance with the provisions of Subsection (4)(c), inservice training may not

support or encourage criminal conduct.
(7) If any one or more provision, subsection, sentence, clause, phrase, or word of thissection, or the application thereof to any person or circumstance, is found to be unconstitutional,the balance of this section shall be given effect without the invalid provision, subsection,sentence, clause, phrase, or word.

Amended by Chapter 196, 2004 General Session


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