R277. Education, Administration.R277-474. School Instruction and Sex Education.
R277-474-1. Authority, Purpose, and Oversight Category.
(1) This rule is authorized by:
(a) Utah Constitution, Article X, Section 3, which vests general control and supervision over public education in the Board;
(b) Subsections 53G-10-402(2), (4) and (5), which direct the Board to adopt rules to allow local boards to adopt sex education materials or programs as described in this Rule R277-474 and provide sex education instruction as provided in Sections 53G-10-402; 53G-10-403; and 53G-10-409.
(c) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.
(2) The purpose of this rule is to provide:
(a) requirements for LEAs and individual educators to select instructional materials about sex education and maturation;
(b) notice to parents of proposed sex education and maturation discussions and instruction; and
(c) direction to public education employees regarding instruction and discussion of maturation and sex education with students.
(3) This Rule R277-474 is categorized as Category 2 as described in Rule R277-111.
R277-474-2. Definitions.
(1) "Curriculum materials review committee" or "committee" means a curriculum materials review committee formed at the school district or charter school level as described in Section R277-474-5.
(2) "Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g" or "FERPA" means a federal law designed to protect the privacy of students' education records.
(3) "Sex education instruction or instructional programs" means any course, unit, class, activity, or presentation that provides instruction or information to students as outlined under Subsection 53G-10-403(1)(a).
(4) "Instructional materials commission" means the advisory commission authorized under Section 53E-4-402.
(5) "LEA" for purposes of this rule, includes the Utah Schools for the Deaf and the Blind.
(6) "Maturation education" means instruction and materials used to provide fifth or sixth grade students with age appropriate, medically accurate information regarding the physical and emotional changes associated with puberty, to assist in protecting students from abuse and to promote hygiene and good health practices.
(7) "Medically accurate" means verified or supported by a body of research conducted in compliance with scientific methods and published in journals that have received peer-review, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field.
(8) "Parental notification form" means a form developed by the Superintendent and used exclusively by LEAs or public schools for parental notification of subject matter identified in this rule.
(9) "Professional development" means training in which Utah educators may participate to renew a license, receive information or training in a specific subject area, teach in another subject area or teach at another grade level.
(10) "Utah educator" means an individual such as an administrator, teacher, counselor, teacher's assistant, or coach, who is employed by a unit of the Utah public education system and who provides teaching or counseling to students.
(11) "Utah Professional Practices Advisory Commission" or "UPPAC" means a Commission established under Section 53E-6-501 and designated to review allegations against educators and recommend action against educators' licenses to the Board.
R277-474-3. General Provisions.
(1) Pursuant to Section 53G-10-402 the following may not be taught in Utah public schools through the use of instructional materials, direct instruction, or online instruction:
(a) the intricacies of intercourse, sexual stimulation or erotic behavior;
(b) the advocacy of premarital or extramarital sexual activity;
(c) the advocacy or encouragement of the use of contraceptive methods or devices; or
(d) any means or methods that facilitate or encourage the violation of any state or federal criminal law by a minor or an adult, including as a response to a spontaneous question from a student.
(e) In accordance with Section 53G-10-409, An LEA may not allow an entity employee, representative, or affiliate that performs elective abortions or provides debranded maturation curriculum to:
(i) deliver instruction or programs on all health or health related topics in a school that receives state funding; or
(ii) 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, donated by, or bear the identifying mark of the entity or the entity's affiliate.
(2) Subject to Subsection (1)(c), an LEA may, but is not required to, provide instruction to include information about contraceptive methods or devices, not including abortion or any abortive methods, that stresses effectiveness, failure rates for youth, limitations, risks, and information on state law applicable to minors obtaining contraceptive methods or devices.
(3) A Utah educator may provide instruction consistent with Subsection 53G-10-402(2)(b)(iv);
(4) A Utah educator is responsible to teach the values and information identified under Subsections 53G-10-402(2)(a) and (b)(i) through (ii).
