Sex Education Laws and Public Schools

As part of many health education programs, sexual education addresses a wide variety of topics related to sexual health. Sex education taught in public schools covers topics ranging from abstinence to reproduction. Some programs might also address sexual orientation and sexually transmitted diseases (STDs).

Issues of human sexuality and reproductive health tend to be delicate topics. They have become particularly sensitive around LGBTQ+-related issues, HIV education, and abortion. Whether sex education is even considered age-appropriate for any given grade-level student may vary from one state to the next.

The following article is a primer on sex education laws and public schools. It addresses topics typically covered by most sex education programs and school resources. It also covers the ongoing debate about how sex ed is taught.

Purpose of Sex Education Laws

Sex education in schools was meant to address teen pregnancy and public health concerns like STDs or STIs. Even so, the idea of teaching young people about sex in schools tends to meet resistance. Some parents take issue with the way sex ed is approached in schools. Or they might argue that sexual education should be left up to parents.

State laws tried to address these concerns by allowing parents to exempt their children from sex education courses. They also often focus on abstinence methods within their curriculum.

Still, some critics argue that state laws don't always solve the tension between the interests of the state and the interests of parents.

Topics covered in sex ed can include:

• Abstinence
• HIV/AIDS and other STD- or sexually transmitted infection (STI)-related information
• Reproduction
• Contraception, including instruction on contraceptive techniques, pregnancy prevention, and types of birth control
• Pregnancy and the financial responsibilities of raising a child
• Adoption
• Sexual orientation

Ideally, sexual education programs would encourage healthy relationships as students enter the period of their lives where they begin engaging in sexual activity. But very few programs are required to discuss issues like consent and sexual assault.

Pros and Cons of Sex Education in Public Schools

There are several arguments for and against including topics related to sex in school health classes.

Supporters of comprehensive sex education argue that sex ed lowers teen pregnancy rates and STD or STI infection rates. They often argue that most teenagers are, or will be, sexually active, so they should be aware of things like the proper use of contraceptives. Including sex education in public schools also ensures that a large number of young people will have access to the same information. For some students, it may be their only exposure to the topic.

But many parents argue that they should have the final say in what their children learn in school. This is particularly true for topics that could contradict a family's own moral or religious values. Some favor a focus on teaching abstinence. Others don't want sex ed taught in schools at all. Some even argue teaching about the use of contraceptives may encourage students to engage in sexual conduct they aren't ready for.

State Sex Education Laws

Most states have laws that address some form of sexual education in schools. But states and even school districts differ in their approach to:

• Sex ed curriculum
• Whether a parent may remove their child from certain sexual education programs
• Age-related education standards
• Consider these examples of state laws on sex education:
• Hawaii focuses sexual health instruction on abstinence. Texas, Utah, and Mississippi do as well.
• In Illinois, sex ed isn't required at all.
• In Michigan, sex ed is not required, but education about HIV and STIs is. Oklahoma, New Jersey, New York, and Arizona do the same.
• In North Carolina, sex ed must be taught, including the risks of HIV and STIs.
• In Louisiana, sex ed is only permitted from grade seven to grade 12.
• Under Colorado law, schools are not required to provide sex education. Florida does the same. But Florida requires that schools teach students about the consequences of unwanted pregnancies. Florida also bans the teaching of gender identity and sexual orientation.
• Indiana also does not require sex ed in schools but requires that students be taught about HIV.
• In Iowa and Minnesota, sex ed is required in public schools.
• Many states, including Wisconsin and Tennessee, do not require that students learn about gender identity in sex ed.
• Most states do not require instruction on consent and sexual assault.

If you have a question about the specifics of what is permitted in your state concerning sex education, it's a good idea to check the laws of your state. It's also a good idea to check the policies of your local school district.

In states that don't currently have sexual education laws, sexual education policies can often be found in district codes. They may also be located in other education department manuals.

Can I Remove My Child From Sex Ed Classes?

It depends on state law and rules in your local school district. Some states allow local authorities to decide whether parents may opt out of having their children take sex education classes. In many of those states, local authorities may also provide consent for a child's participation in sex education classes.

Many states allow parents to remove their child or "opt-out" of sexually related instruction. A handful of states, including Indiana and Arizona, require parental consent for a child to take sexual education classes.

Some states allow parents to opt out of certain topics for their children, but not others. For example, in Oregon, a parent can take their child out of sex education, HIV/STI instruction, and healthy relationships instruction. In Florida, a parent can opt out of sex ed and HIV instruction. But the opt-out is not available for classes on healthy relationships.

It's important to check the sex education laws of your state and school district to learn what decision-making powers you have. You might also want to consult with your school board, as well.

Abstinence-Only Sex Education

Much of the debate today is centered on whether schools should teach abstinence-only sex education. The debate also centers around whether comprehensive sex education should be the standard. Those favoring an abstinence-only approach often argue that abstinence is the only 100% effective way to prevent pregnancy, STDs, or STIs.

However, critics argue that abstinence-only programs fail to prepare teenagers who do have sex. There are many studies showing a connection between inaccurate or incomplete sex education and:

1. Higher pregnancy rates (including unintended pregnancies)
2. Higher rates of STDs or STIs

Still, the majority of states stress abstinence in their sex ed programs.

LGBTQ+-Inclusive Sex Ed Programs

Sex ed programs are legally required in 29 states and the District of Columbia. However, the majority of American students do not have access to LGBTQ+-inclusive sex ed programs.

The Centers for Disease Control and Prevention (CDC) has said that LGBTQ+ students remain at higher risk for sexual violence. They are also subject to “negative attitudes" that increase the risks of violence. But most states do not require LGBTQ+-inclusivity for sex ed programs or any other classes.

A report by Unite for Reproductive & Gender Equity (URGE) discusses the absence of LGBTQ+-inclusive approaches in sex education. This study found that 85% of parents support the discussion of sexual orientation in sex ed classes. But very few states require coverage of LGBTQ+ issues. In fact, according to the report, abstinence-only programs tend to promote fear of LGBTQ+-related attraction.

LGBTQ+ students are also 50% more likely to report that their sex education was “not useful." Lacking inclusive discussions of gender identity and sexual orientation also tends to “reinforce gender stereotypes and straight relationships."

The report also indicates that access to LGBTQ+ sex ed material is even more limited amongst school communities with predominantly Black, Latino, and Indigenous students.

According to the National Institutes of Health (NIH), only 17 states require sex ed to cover sexual orientation. And only ten require "information to be inclusive of gender and sexuality." The majority of teens surveyed by NIH said that school discussions of sex only cover straight relationships.

Some states have moved to make sex education more inclusive and to incorporate frameworks that are not gender normative. But others, perhaps most notably Florida, prohibit discussion of sexual orientation and related topics at school.

Other Resources

• Guttmacher Institute: This organization devotes itself to research and policy initiatives focused on advancing sexual health and reproductive rights. For more information, review the organization's FAQ sheet on the issue, which is available here. It has devoted a great deal of resources to diagnosing deficiencies in sex education materials at schools across the United States. It has also released a variety of resources on sex education policies in U.S.-based schools.

• Department of Health & Human Services: This federal agency has devoted a significant amount of resources to programs attempting to delay sexual activity among teens. The Department of has framed the issue as one of public health and public health care. The Department's Sexual Risk Avoidance Education program focuses on abstinence.

• The Sexual Information and Education Council of the United States (SIECUS): This nonprofit organization evaluates sex education curriculums in U.S. schools.

Questions About Sex Education Law and Public Schools? Talk to an Attorney

There are still pockets of parents who reject the idea of schools teaching their children anything about sex. But there's generally little debate that some form of sexual health education should be taught.

You can learn more about the law and your rights by contacting an experienced family law attorney in your area.