Text of MT SB 413 (2023)

**** 68th Legislature 2023 SB 413.1 - 1 - Authorized Print Version – SB 413 SENATE BILL NO. 413 1 INTRODUCED BY C. GLIMM 2 3 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE REQUIREMENTS FOR HUMAN SEXUALITY 4 INSTRUCTION IN PUBLIC SCHOOLS; PROHIBITING SCHOOLS FROM PROVIDING HUMAN SEXUALITY 5 INSTRUCTION TO STUDENTS IN GRADE 5 OR BELOW; PROHIBITING SCHOOLS FROM PROVIDING 6 INSTRUCTION TO ANY STUDENT ABOUT GENDER IDENTITY, GENDER EXPRESSION, SEXUAL 7 ORIENTATION, OR SEXUAL RELATIONSHIP; REVISING THE DEFINITION OF "HUMAN SEXUALITY 8 INSTRUCTION"; AMENDING SECTION 20-7-120, MCA; AND PROVIDING AN EFFECTIVE DATE.” 9 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 11 12 Section 1. Section 20-7-120, MCA, is amended to read: 13 "20-7-120. Excused Human sexuality instruction -- excused absences from curriculum 14 requirements -- notice -- prohibited activities. (1) (a) In recognition of parents' rights to direct the education 15 of their own children, a school district may not provide human sexuality instruction to any child who is enrolled 16 in grade 5 or below. 17 (b) A parent, guardian, or other person who is responsible for the care of a child enrolled in grades 18 6 through 12 may refuse to allow the child to attend or may withdraw the child from a course of instruction, a 19 class period, an assembly, an organized school function, or instruction provided by the district through its staff 20 or guests invited at the request of the district regarding human sexuality instruction. The withdrawal or refusal to 21 attend is an excused absence pursuant to 20-5-103. 22 (2) Any school implementing or maintaining a curriculum, providing materials, or holding an event 23 or assembly at which the district provides human sexuality instruction, whether introduced by school educators, 24 administrators, or officials or by guests invited at the request of the school, shall adopt a policy ensuring 25 parental or guardian notification no less than 48 hours prior to holding an event or assembly or introducing 26 materials for instructional use. 27 (3) A school district shall annually notify the parent or guardian of each student scheduled to be 28 **** 68th Legislature 2023 SB 413.1 - 2 - Authorized Print Version – SB 413 enrolled in human sexuality instruction in the district or school in advance of the instruction of: 1 (a) the basic content of the district's or school's human sexuality instruction intended to be taught 2 to the student; and 3 (b) the parent's or guardian's right to withdraw the student from the district's or school's human 4 sexuality instruction. 5 (4) A school district shall make all curriculum materials used in the district's or school's human 6 sexuality instruction available for public inspection prior to the use of the materials in actual instruction. 7 (5) A school district or its personnel or agents may not permit a person, entity, or any affiliate or 8 agent of the person or entity to offer, sponsor, or furnish in any manner any course materials or instruction 9 relating to human sexuality or sexually transmitted diseases to its students or personnel if the person, entity, or 10 any affiliate or agent of the person or entity is a provider of abortion services. 11 (6) (a) For the purposes of this section, "human sexuality instruction" means teaching or otherwise 12 providing information about human sexuality, including intimate relationships, human sexual anatomy, sexual 13 reproduction, sexually transmitted infections, sexual acts, sexual orientation, gender identity, abstinence, 14 contraception, or reproductive rights and responsibilities. 15 (b) The term does not include gender identity, gender expression, sexual orientation, or sexual 16 relationships. A school is prohibited from implementing or maintaining a curriculum, providing materials, or 17 holding an event or assembly for students that has the primary purpose of studying, exploring, or informing 18 students about gender identity, gender expression, sexual orientation, or sexual relationships." 19 20 NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 2023. 21 - END - 22