Text of NM SB 258 (2025)
Human Sexuality Education
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As introduced
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SENATE BILL 258
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Angel M. Charley and Yanira Gurrola
AN ACT
RELATING TO PUBLIC SCHOOLS; PROVIDING THAT HEALTH EDUCATION
COURSES SHALL INCLUDE COMPREHENSIVE HUMAN SEXUALITY EDUCATION
BEGINNING IN THE 2027-2028 SCHOOL YEAR FOR MIDDLE SCHOOL AND
HIGH SCHOOL GRADES; PROVIDING THAT ONE-HALF UNIT OF HEALTH
EDUCATION SHALL BE A GRADUATION REQUIREMENT FOR STUDENTS
ENTERING THE NINTH GRADE IN THE 2027-2028 SCHOOL YEAR;
REQUIRING SCHOOL DISTRICTS AND CHARTER SCHOOLS TO SUBMIT AN
IMPLEMENTATION PLAN FOR COMPREHENSIVE HUMAN SEXUALITY
EDUCATION; REQUIRING THE PUBLIC EDUCATION DEPARTMENT TO DEVELOP
ACADEMIC CONTENT AND PERFORMANCE STANDARDS FOR COMPREHENSIVE
HUMAN SEXUALITY EDUCATION; DEFINING TERMS; PROVIDING MINIMUM
REQUIREMENTS FOR ACADEMIC CONTENT FOR COMPREHENSIVE HUMAN
SEXUALITY EDUCATION; REQUIRING THE PUBLIC EDUCATION DEPARTMENT
TO ESTABLISH A PROCESS TO APPROVE SCHOOL DISTRICTS' CURRICULA
FOR COMPREHENSIVE HUMAN SEXUALITY EDUCATION AND TO DEVELOP
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MODEL CURRICULA FOR MIDDLE SCHOOL AND HIGH SCHOOL GRADES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-13-1 NMSA 1978 (being Laws 2003,
Chapter 153, Section 57, as amended by Laws 2016, Chapter 17,
Section 1 and by Laws 2016, Chapter 18, Section 1) is amended
to read:
"22-13-1. SUBJECT AREAS--MINIMUM INSTRUCTIONAL AREAS
REQUIRED--ACCREDITATION.--
A. The department shall require public schools to
address department-approved academic content and performance
standards when instructing in specific department-required
subject areas as provided in this section. A public school or
school district failing to meet these minimum requirements
shall not be accredited by the department.
B. All kindergarten through third grade classes
shall provide daily instruction in reading and language arts
skills, including phonemic awareness, phonics and
comprehension, and in mathematics. Students in kindergarten
and first grades shall be screened and monitored for progress
in reading and language arts skills, and students in second
grade shall take diagnostic tests on reading and language arts
skills.
C. All first, second and third grade classes shall
provide instruction in art, music and a language other than
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English, and instruction that meets content and performance
standards shall be provided in science, social studies,
physical education and health education.
D. In fourth through eighth grades, instruction
that meets academic content and performance standards shall be
provided in the following subject areas:
(1) reading and language arts skills, with an
emphasis on writing and editing for at least one year and an
emphasis on grammar and writing for at least one year;
(2) mathematics;
(3) language other than English;
(4) communication skills;
(5) science;
(6) art;
(7) music;
(8) social studies;
(9) New Mexico history;
(10) United States history;
(11) geography;
(12) physical education; and
(13) health education.
E. Beginning with the 2008-2009 school year, in
eighth grade, algebra 1 shall be offered in regular classroom
settings or through online courses or agreements with high
schools.
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F. In fourth through eighth grades, school
districts shall offer electives that contribute to academic
growth and skill development and provide career and technical
education. In sixth through eighth grades, media literacy may
be offered as an elective.
G. [In ninth through twelfth grades] For students
entering seventh grade beginning in the 2027-2028 school year,
instruction that meets academic content and performance
standards shall be provided in health education, and the local
school board or charter school governing body shall determine
in which middle school grade health education shall be offered.
H. All health education courses shall include:
(1) age-appropriate [sexual abuse and assault
awareness and prevention training that meets department
standards developed in consultation with the federal centers
for disease control and prevention that are based on evidence-
based methods that have proven to be effective] comprehensive
human sexuality education that meets department academic
content and performance standards and establishes the
foundation for high school coursework in comprehensive human
sexuality education; provided that a student shall be excused
from this portion of health education at the parent's
direction. The secretary shall promulgate rules for:
(a) the use of the following instructors
for comprehensive human sexuality education: 1) school nurses,
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health or science teachers and athletic department personnel;
and 2) any qualified private person, including a community
organization; and
(b) department approval of curricula and
instructional materials for comprehensive human sexuality
education; and
(2) lifesaving skills training that follows
nationally recognized guidelines for hands-on psychomotor
skills cardiopulmonary resuscitation training. Students shall
be trained to recognize the signs of a heart attack, use an
automated external defibrillator and perform the Heimlich
maneuver for choking victims. The secretary shall promulgate
rules to provide for the:
(a) use of the following instructors for
the training provided pursuant to this paragraph: 1) school
nurses, health teachers and athletic department personnel as
instructors; and 2) any qualified persons volunteering to
provide training at no cost to the school district that the
school district determines to be eligible to offer instruction
pursuant to this paragraph; and
(b) approval of training and
instructional materials related to the training established
pursuant to this paragraph in both English and Spanish."
SECTION 2. Section 22-13-1.1 NMSA 1978 (being Laws 1986,
Chapter 33, Section 5, as amended) is amended to read:
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"22-13-1.1. GRADUATION REQUIREMENTS--NEXT-STEP PLANS.--
A. The purpose of the New Mexico diploma of
excellence is to demonstrate that a student is ready for
success in post-secondary education, gainful employment and
citizenship and is equipped with the skills to be a lifelong
learner. The purpose of the state's minimum graduation
requirements is to establish rigorous expectations to support
that success.
B. School districts and charter schools are
encouraged to make available courses and programs of study that
allow students to pursue a range of post-secondary
opportunities and workforce opportunities and gain knowledge in
entrepreneurship principles, as determined by the student's
next-step plan and the school district's or charter school's
graduate profile.
C. At the end of grades eight through eleven, each
student shall prepare an interim next-step plan that sets forth
the coursework for the grades remaining until high school
graduation. Each year's plan shall be aligned to the graduate
profile of the student's school district or charter school,
shall be completed on a department-approved template, shall
explain any differences from previous interim next-step plans,
shall be filed with the principal of the student's high school
and shall be signed by the student, the student's parent and
the student's guidance counselor or other school official
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charged with coursework planning for the student.
D. Each student must complete a final next-step
plan during the senior year and prior to graduation. The plan
shall be aligned to the graduate profile of the student's
school district or charter school, shall be completed on a
department-approved template, shall be filed with the principal
of the student's high school and shall be signed by the
student, the student's parent and the student's guidance
counselor or other school official charged with coursework
planning for the student.
E. An individualized education plan that meets the
requirements of Subsections C and D of this section and that
meets all applicable transition and procedural requirements of
the federal Individuals with Disabilities Education Act for a
student with a disability shall satisfy the next-step plan
requirements of this section for that student.
F. A local school board or governing body of a
charter school shall ensure that each high school student
develops a next-step plan based on reports of college and
workplace readiness assessments, as available, and other
factors and is reasonably informed about:
(1) curricular and course options, including
honors or advanced placement courses, international
baccalaureate courses, dual-credit courses, distance learning
courses, career clusters and career pathways, pre-
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apprenticeship programs or remediation programs that the
college and workplace readiness assessments indicate to be
appropriate;
(2) opportunities available that lead to
different post-high-school options; and
(3) alternative opportunities available if the
student does not finish a planned curriculum.
G. The secretary shall:
(1) establish specific accountability
standards for administrators, counselors, teachers and other
appropriate school district or charter school employees to
ensure that every student has the opportunity to develop a
next-step plan;
(2) promulgate rules for accredited private
schools in order to ensure substantial compliance with the
provisions of this section;
(3) monitor compliance with the requirements
of this section; and
(4) compile such information as is necessary
to evaluate the success of next-step plans and report annually,
by December 15, to the legislative education study committee
and the governor.
H. Once a student has entered ninth grade, the
graduation requirements shall not be changed for that student
from the requirements specified in the law at the time the
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student entered ninth grade.
I. For students entering the ninth grade beginning
in the 2009-2010 school year, at least one of the units
required for graduation shall be earned as an advanced
placement or honors course, a dual-credit course offered in
cooperation with an institution of higher education or a
distance learning course.
J. The department shall establish a procedure for
students to be awarded credit through completion of specified
career technical education for certain graduation requirements,
and districts may choose to allow students who successfully
complete an industry-recognized credential, a certificate or a
degree to receive additional weight in the calculation of the
student's grade point average.
K. Successful completion of the requirements of the
New Mexico diploma of excellence shall be required for
graduation for students entering the ninth grade beginning in
the 2009-2010 school year. Successful completion of a minimum
of twenty-four units aligned to the state academic content and
performance standards shall be required to earn a New Mexico
diploma of excellence. These units shall be as follows:
(1) four units in English, with major emphasis
on grammar, nonfiction writing and literature; provided that
department-approved work-based training or career and technical
education courses that meet state English academic content
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performance standards shall qualify as one of the four required
English units;
(2) four units in mathematics, of which one
shall be the equivalent to or higher than the level of algebra
2, unless the parent submitted written, signed permission for
the student to complete a lesser mathematics unit; and provided
that a financial literacy course or department-approved work-
based training or career and technical education course that
meets state mathematics academic content and performance
standards shall qualify as one of the four required mathematics
units;
(3) three units in science, two of which shall
have a laboratory component; provided that department-approved
work-based training or career and technical education courses
that meet state science academic content and performance
standards shall qualify as one of the three required science
units;
(4) three and one-half units in social
science, which shall include United States history and
geography, world history and geography, government and
economics and one-half unit of New Mexico history;
(5) one unit in physical education, as
determined by each school district or charter school, which may
include a physical education program that meets state content
and performance standards or participation in marching band,
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junior reserve officers' training corps or interscholastic
sports sanctioned by the New Mexico activities association or
any other co-curricular physical activity;
(6) one unit in one of the following: a
career cluster course, workplace readiness or a language other
than English; and
(7) seven and one-half elective units that
meet department content and performance standards. Career and
technical education courses shall be offered as an elective.
Student service learning shall be offered as an elective.
Financial literacy shall be offered as an elective. Pre-
apprenticeship programs may be offered as electives. Media
literacy may be offered as an elective.
L. For students entering the eighth grade in the
2012-2013 school year, one-half unit in health education is
required prior to graduation. Health education may be required
in either middle school or high school, as determined by the
school district or charter school. Health education courses
shall include:
(1) age-appropriate sexual abuse and assault
awareness and prevention training that meets department
standards developed in consultation with the federal centers
for disease control and prevention that are based on evidence-
based methods that have proven to be effective; and
(2) lifesaving skills training that follows
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nationally recognized guidelines for hands-on psychomotor
skills cardiopulmonary resuscitation training. Students shall
be trained to recognize the signs of a heart attack, use an
automated external defibrillator and perform the Heimlich
maneuver for choking victims. The secretary shall promulgate
rules to provide for the:
(a) use of the following instructors for
the training provided pursuant to this paragraph: 1) school
nurses, health teachers and athletic department personnel as
instructors; and 2) any qualified persons volunteering to
provide training at no cost to the school district or charter
school that the school district or charter school determines to
be eligible to offer instruction pursuant to this paragraph;
and
(b) approval of training and
instructional materials related to the training established
pursuant to this paragraph in both English and Spanish.
M. For students entering the ninth grade in the
2017-2018 school year and subsequent school years:
(1) one of the units in mathematics required
by Paragraph (2) of Subsection K of this section may comprise a
computer science course if the course is not used to satisfy
any part of the requirement set forth in Paragraph (3) of that
subsection; and
(2) one of the units in science required by
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Paragraph (3) of Subsection K of this section may comprise a
computer science course if the course is not used to satisfy
any part of the requirement set forth in Paragraph (2) of that
subsection.
N. Final examinations shall be administered to all
students in all classes offered for credit.
O. Beginning with students entering the ninth grade
in the 2025-2026 school year, successful completion of a
minimum of twenty-four units aligned to the state academic
content and performance standards shall be required for
graduation and the award of a diploma of excellence. These
units shall be as follows:
(1) four units in English, which shall include
a three-unit sequence; provided that department-approved work-
based learning, career technical education or English language
development courses that meet state English or English language
development academic content and performance standards may
qualify as required English units;
(2) four units in mathematics, two of which
shall include a sequence of algebra 1 and geometry or another
integrated pathway of mathematics equivalent to algebra 1 and
geometry; provided that financial literacy courses or
department-approved work-based learning or career technical
education courses that meet state mathematics academic content
and performance standards may qualify as required mathematics
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units; and provided further that algebra 2 shall be offered as
a mathematics course;
(3) three units in science, two of which shall
have a laboratory component; provided that department-approved
work-based learning or career technical education courses that
meet state science academic content and performance standards
may qualify as required science units;
(4) four units in social science, which shall
include United States history and geography, which course
content contains New Mexico history; government and economics
and personal financial literacy, which course content contains
civics; and world history and geography;
(5) one unit in physical education, as
determined by the school district or charter school, which may
include a physical education program that meets state academic
content and performance standards or participation in marching
band, dance programs, junior reserve officers' training corps
or interscholastic sports sanctioned by the New Mexico
activities association or any other co-curricular physical
activity;
(6) one-half unit in health education
[provided that this one-half unit may be earned in either
middle or high school];
(7) five and one-half elective units that meet
department academic content and performance standards and that
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shall include a two-unit pathway concentration of the student's
choice in a language other than English, including American
sign language; fine arts; health; military career preparation;
a career technical education program; or community or service
learning, a capstone course or work-based learning; provided
that financial literacy, computer science, student service
learning, career technical education courses and a sequence of
languages other than English shall be offered as electives; and
provided further that media literacy and pre-apprenticeship
programs may be offered as electives; and
(8) two units set by each local school board
or governing body of a charter school that meet department
academic content and performance standards.
P. If a high school student who has taken one or
both units provided in Paragraph (8) of Subsection O of this
section moves from one school district or charter school to
another, the receiving school district or charter school shall
accept those earned units toward the student's graduation.
Q. For students entering the ninth grade in the
2025-2026 school year, one-half unit of health education is
required prior to graduation. Health education courses shall
include:
(1) age-appropriate sexual abuse and assault
awareness and prevention training that meets department
standards developed in consultation with the federal centers
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for disease control and prevention that are based on evidence-
based methods that have proven to be effective; and
(2) lifesaving skills training that follows
nationally recognized guidelines for hands-on psychomotor
skills cardiopulmonary resuscitation training. Students shall
be trained to recognize the signs of a heart attack, use an
automated external defibrillator and perform the Heimlich
maneuver for choking victims. The secretary shall promulgate
rules to provide for the:
(a) use of the following instructors for
the training provided pursuant to this paragraph: 1) school
nurses, health teachers and athletic department personnel as
instructors; and 2) any qualified persons volunteering to
provide training at no cost to the school district that the
school district determines to be eligible to offer instruction
pursuant to this paragraph; and
(b) approval of training and
instructional materials related to the training established
pursuant to this paragraph in both English and Spanish.
R. For students entering the ninth grade in the
2027-2028 school year, one-half unit of health education is
required prior to graduation. Health education courses shall
include:
(1) comprehensive human sexuality education
that meets department academic content and performance
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standards; provided that a student shall be excused from this
portion of health education at the direction of the student's
parent and, if the school district does not provide alternative
health education topics in lieu of this portion of health
education, the excused student shall still earn the one-half
credit. The secretary shall promulgate rules for:
(a) the use of the following instructors
for comprehensive human sexuality education: 1) school nurses,
health or science teachers and athletic department personnel;
and 2) any qualified private person, including a community
organization; and
(b) department approval of curricula and
instructional materials for comprehensive human sexuality
education; and
(2) lifesaving skills training that follows
nationally recognized guidelines for hands-on psychomotor
skills cardiopulmonary resuscitation training. Students shall
be trained to recognize the signs of a heart attack, use an
automated external defibrillator and perform the Heimlich
maneuver for choking victims. The secretary shall promulgate
rules to provide for the:
(a) use of the following instructors for
the training provided pursuant to this paragraph: 1) school
nurses, health teachers and athletic department personnel as
instructors; and 2) any qualified persons volunteering to
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provide training at no cost to the school district that the
school district determines to be eligible to offer instruction
pursuant to this paragraph; and
(b) approval of training and
instructional materials related to the training established
pursuant to this paragraph in both English and Spanish.
[R.] S. Nothing in the minimum graduation
requirements specified in Subsection O of this section affects:
(1) a school district's or charter school's
authority to require more units for graduation than provided in
this section; or
(2) a student's opportunity to take advanced
placement or honors courses, international baccalaureate
courses or distance learning courses offered by the public
school or dual credit courses offered in cooperation with
institutions of higher education.
[S.] T. Subject to the department's academic
content and performance standards and other provisions of this
section, every school district and charter school shall develop
a graduate profile:
(1) that is specific to each community;
(2) that articulates the core academic
competencies and subjects that are key to graduates' post-high-
school success; and
(3) to which required units are aligned.
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[T.] U. Units earned in health, algebra 1 and
geometry prior to enrolling in high school shall satisfy unit
requirements required to earn a New Mexico diploma of
excellence.
[U.] V. The department shall adopt and promulgate
rules to implement graduation requirements by no later than
December 31, 2024. The rules shall include revisions to expand
course offerings so that students have access to a range of
rigorous academic options and career technical education
courses and to establish guidance for the development of
graduate profiles.
[V.] W. As used in this section:
(1) "capstone course" means a multifaceted
academic and intellectual experience that may take a wide
variety of forms and that culminates in a final product,
performance or presentation explaining how the final product,
performance or presentation explicates the chosen course to an
evaluation panel convened by the public school to evaluate the
quality of course and the final product, performance or
presentation;
(2) "career technical education" means
organized programs offering a sequence of courses, including
technical education and applied technology education, that are
directly related to the preparation of students for paid or
unpaid employment in current or emerging occupations requiring
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an industry-recognized credential, a certificate or a degree;
(3) "career technical education course" means
a course with content that provides technical knowledge, skills
and competency-based applied learning and that aligns with
educational standards and expectations as defined in rule;
(4) "career cluster" means a grouping of
occupations in industry sectors based on recognized
commonalities that provide an organizing tool for developing
instruction within the educational system;
(5) "career pathways" means a sub-grouping
used as an organizing tool for curriculum design and
instruction of occupations and career specialities that share a
set of common knowledge and skills for career success;
(6) "final next-step plan" means a next-step
plan that shows that the student has committed or intends to
commit in the near future to a four-year college or university,
a two-year college, a trade or vocational program, an
internship or apprenticeship, military service or a job;
(7) "graduate profile" means a document that a
school district or charter school uses to specify the
cognitive, personal and interpersonal competencies that
students should have when they graduate;
(8) "interim next-step plan" means an annual
next-step plan in which the student specifies post-high-school
goals and sets forth the coursework that will allow the student
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to achieve those goals; and
(9) "next-step plan" means an annual personal
written plan of studies developed by a student in a public
school or other state-supported school or institution in
consultation with the student's parent and school counselor or
other school official charged with coursework planning for the
student that includes one or more of the following:
(a) advanced placement, international
baccalaureate or honors courses;
(b) dual-credit courses offered in
cooperation with an institution of higher education;
(c) distance learning courses;
(d) career technical education or work-
based learning courses; and
(e) pre-apprenticeship programs.
[W.] X. The secretary may establish a policy to
provide for administrative interpretations to clarify
curricular and testing provisions of the Public School Code.
Y. Each school district and charter school shall
submit to the department by the beginning of the 2026-2027
school year a comprehensive human sexuality education
implementation plan for the 2027-2028 school year and
subsequent school years, including in which middle school and
high school grades health education will be required; curricula
and instructional materials for department approval; how the
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courses align with academic and performance standards; and what
alternative health education topics will be provided in lieu of
comprehensive human sexuality education for a student who has
been excused at a parent's direction."
SECTION 3. A new section of Chapter 22, Article 13 NMSA
1978 is enacted to read:
"[NEW MATERIAL] COMPREHENSIVE HUMAN SEXUALITY EDUCATION--
DEFINITIONS--ACADEMIC CONTENT AND PERFORMANCE STANDARDS.--
A. As used in this section:
(1) "abstinence" means not engaging in oral,
vaginal or anal intercourse or genital skin-to-skin contact;
(2) "age-appropriate" means suitable to a
particular age or age group based on the cognitive, emotional
and behavioral development typical for the age or age group;
(3) "consent" means an affirmative,
unambiguous, voluntary, continuous and knowing agreement
between two or more persons to engage in a sexual encounter;
(4) "evidence-based information" means
information or knowledge developed or collected through well-
designed studies using scientific methods;
(5) "gender" means an individual or societal
expectation or perception of a person as masculine or feminine
based on appearance, behavior or physical characteristics;
(6) "gender identity" means a person's self-
perception, based on the person's appearance, behavior or
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physical characteristics, that the person exhibits more
masculinity or femininity or the absence of masculinity or
femininity whether it matches the person's gender or sex;
(7) "gender stereotype" means a generalized
view or preconception about the attributes or characteristics
of persons based on sex, gender or gender identity;
(8) "healthy relationship" means an
interpersonal relationship that is free of physical, sexual and
emotional abuse, coercion and violence;
(9) "medically accurate" means verified or
supported by research or studies conducted with scientific
methods and published in a peer-reviewed journal; and
(10) "sex" means a person's categorization as
male, female or intersex based on biology, physiology or
physical characteristics.
B. The department shall develop academic content
and performance standards for comprehensive human sexuality
education for middle school and high school grades.
C. The academic content for a course in
comprehensive human sexuality education shall be age-
appropriate and include, at minimum:
(1) medically accurate information about:
(a) all methods to prevent unintended
pregnancy and sexually transmitted infections, including human
immunodeficiency virus and acquired immunodeficiency syndrome;
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(b) the correct and consistent use of
abstinence, contraception, condoms or barriers and other
prevention measures;
(c) pregnancy outcome options, including
adoption, abortion and parenting;
(d) the link between human
papillomavirus and cancer; and
(e) other types of cancer that affect
human reproductive systems;
(2) evidenced-based information about the
development of healthy relationships, including instruction
about:
(a) communicating consent and
recognizing when consent is given or withdrawn;
(b) understanding the age of consent;
(c) preventing sexual violence;
(d) not making unwanted verbal, physical
and sexual advances;
(e) not making assumptions about a
person's sexual intentions based on that person's appearance or
sexual history;
(f) not pursuing or attempting to
persuade a person to participate in a sexual encounter when
that person has not given consent or has withdrawn consent;
(g) how alcohol and drug use impairs
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decision making;
(h) how to respond in situations
involving sexual or physical violence or in situations where
there is a risk of sexual of physical violence; and
(i) communicating with family members
and trusted adults; and
(3) instructional guidance regarding:
(a) presenting information to students
in an objective and unbiased manner;
(b) avoiding the use of shame-based or
stigmatizing language or instructional tools;
(c) avoiding the use of gender
stereotypes;
(d) including the health needs of
persons who are intersex, lesbian, gay, bisexual or
transgender; and
(e) allowing student discussion of
health, moral, ethical or religious values.
D. By July 1, 2027, the department shall:
(1) establish a process to review and approve
school districts' curricula for comprehensive human sexuality
education; and
(2) develop model curricula for comprehensive
human sexuality education for students in middle school grades
and for students in high school grades available for use by
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school districts or a qualified private person providing
instruction on behalf of a public school."
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