Utah Legislative Updates on Health Education in Public Schools

Legislative Update Katie Ieremia

HB 233 Effective Date: July 1, 2025 This bill provides a special effective date. This bill restricts certain entities from involvement in health education in public schools. Enacts 53G-10-409, Utah Code Annotated 1953 Utah Code 53G-10-409, enacted in 2023, restricts instruction on sexuality in public schools, requiring LEAs and schools to ensure that classroom instruction or discussion by educators or others does not promote or encourage sexual activity, or that such instruction is age-appropriate.

HB 233 (contd) Effective Date: July 1, 2025 This session, 53G-10-409 was enacted to read: Prohibition on instruction by an abortion provider or affiliate. (a) "Affiliate" means an entity with a legal relationship to another entity, where the entities establish: (i) common ownership, management, or control; (ii) a franchise or agreement; or (iii) a license agreement permitting the use of a brand name, trademark, service mark, or other identification An LEA may not allow an employee or representative of an entity that performs abortions or an affiliate of the entity to: (a) deliver instruction or programs on all health or health related topics in a school that receives state funding; or (b) provide materials or media on a health topic for distribution or display in a school that receives state funding, if the materials or media are created by, funded by, or bear the identifying mark of the entity or the entity's affiliate. Bill excludes hospitals

HB 281 Effective Date: July 1, 2025 - Parental Consent change July 1, 2026 everything else This bill amends provisions regarding health instruction and physical and mental health procedures in the public education system. Amends: 53G-10-202 (effective 7/1/25) 53G-10-402 53G-10-403 Enacts: 53G-9-214 50G-9-901 53G-9-902

HB 281 (contd) ensures that a local or state rule or policy does not create an exemption for otherwise prohibited endorsement, promotion, or disparagement of a certain religious belief or viewpoint; modifies required health instruction, including: establishing statutory purposes for the curriculum the state board establishes; adding situational awareness and the "success sequence"; reorganizing duties and prohibitions regarding instruction, discussion, and advocacy of certain concepts; amends the effect of prior informed written parental consent and the allowable subjects in sex education instruction; and makes technical and conforming changes. Effective Date: July 1, 2025 - Parental Consent change July 1, 2026 everything else This bill amends provisions regarding health instruction and physical and mental health procedures in the public education system. This bill: - defines terms; requires any health care provider to obtain informed parental consent before providing or facilitating telehealth or another health care service to a student within a public school; establishes requirements for certain restricted services, including: identifying who may and may not provide a restricted service; and requiring informed parental consent and certain parental notification;

HB 281 (contd) Consent form: We will need to have it translated for teachers (currently form is in 15 languages) Will now include: Adoption in accordance with 53G-10-404 Chronic, infectious, and acute diseases and conditions of the reproductive system, including sexually transmitted infections and diseases (STI, STD) Information about contraceptive methods or devices Healthy dating practices, marriage, and parenthood, in accordance with the success sequence as defined in 53G- 10-402 Human development, including puberty and maturation Human reproductive anatomy and physiology Human reproductive process, including conception, fetal development, pregnancy, and birth Refusal skills as defined by in 53G-10-402 Sexual Abstinence This bill amends provisions regarding health instruction and physical and mental health procedures in the public education system. What does this mean for SLCSD? The state will have to revise standards by 2026 New consent form will be ready from USBE by July 2025 (secondary only) New Canvas course on Sex Ed Law and Policy for teachers will be updated by July 1, 2025 New Canvas course on Sex Ed Law and Policy for teachers will be updated by July 1 Will be available July 1, 2025, but does not need to be completed until 2026 by teachers

Current Parent/Guardian Consent Form Sex Education Instruction