(a) Not less than thirty (30) days prior to commencing instruction of a sexual orientation curriculum or gender identity curriculum, regardless of whether the curriculum is offered as part of a family life program, sex education program, or other program, each LEA or public charter school shall notify the parent or guardian of each student whom the LEA or charter school anticipates will be present for instruction in the curriculum that:

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Terms Used In Tennessee Code 49-6-1308

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Parent: means the parent, guardian, person who has custody of the child, or individual who has caregiving authority under §. See Tennessee Code 49-6-1301
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • Sexual orientation: means an individual's actual or perceived sexual orientation as heterosexual, homosexual, or bisexual. See Tennessee Code 49-6-1301
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The LEA or charter school is providing a sexual orientation curriculum or gender identity curriculum; and
(2) The parent or guardian may examine the instructional materials and confer with the student’s instructor, school counselor, or principal, as designated by the LEA or public charter school, regarding any or all portions of the curriculum.
(b)

(1) A student’s parent or legal guardian, or the student if the student is at least eighteen (18) years of age, must provide a written, informed, and voluntarily signed consent to the student’s LEA or public charter school for the student to receive instruction of a sexual orientation curriculum or gender identity curriculum. A student’s parent or legal guardian, or the student if the student is at least eighteen (18) years of age, may withdraw the parent’s, legal guardian’s, or student’s consent at any time before the student receives instruction of a sexual orientation curriculum or gender identity curriculum.
(2) If a student’s parent or legal guardian, or the student if the student is at least eighteen (18) years of age, does not consent to the student receiving instruction of a sexual orientation curriculum or gender identity curriculum, then the student is excused from receiving instruction of a sexual orientation curriculum or gender identity curriculum and shall not be penalized for grading purposes by the student’s LEA or public charter school.
(c) An LEA or public charter school is not required to notify a student’s parent or guardian prior to a teacher, principal, or other school personnel:

(1) Responding to a question from a student during class regarding sexual orientation or gender identity as it relates to any topic of instruction; or
(2) Referring to the sexual orientation or gender identity of any historic person, group, or public figure, where the referral provides necessary context in relation to a topic of instruction.
(d) An LEA or public charter school is not required to provide a sexual orientation curriculum or gender identity curriculum.
(e) As used in this section “instruction of a sexual orientation curriculum or gender identity curriculum” includes distributing materials, administering tests, surveys, or questionnaires, or instruction of any kind related to sexual orientation or gender identity.
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