(1) As used in this section:

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Terms Used In Utah Code 53G-10-403

  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
     (1)(a)

          (1)(a)(i) “Sex education instruction” means any course material, unit, class, lesson, activity, or presentation that, as the focus of the discussion, provides instruction or information to a student about:

               (1)(a)(i)(A) sexual abstinence;
               (1)(a)(i)(B) human sexuality;
               (1)(a)(i)(C) human reproduction;
               (1)(a)(i)(D) reproductive anatomy;
               (1)(a)(i)(E) physiology;
               (1)(a)(i)(F) pregnancy;
               (1)(a)(i)(G) marriage;
               (1)(a)(i)(H) childbirth;
               (1)(a)(i)(I) parenthood;
               (1)(a)(i)(J) contraception;
               (1)(a)(i)(K) HIV/AIDS;
               (1)(a)(i)(L) sexually transmitted diseases; or
               (1)(a)(i)(M) refusal skills, as defined in Section 53G-10-402.
          (1)(a)(ii) “Sex education instruction” does not include child sexual abuse prevention instruction described in Section 53G-9-207.
     (1)(b) “School” means the same as that term is defined in Section 53G-10-205.
(2) A school shall obtain prior written consent from a student’s parent before the school may provide sex education instruction to the student.
(3) If a student’s parent chooses not to have the student participate in sex education instruction, a school shall:

     (3)(a) waive the requirement for the student to participate in the sex education instruction; or
     (3)(b) provide the student with a reasonable alternative to the sex education instruction requirement.
(4) In cooperation with the student’s teacher or school, a parent shall take responsibility for the parent’s student’s sex education instruction if a school:

     (4)(a) waives the student’s sex education instruction requirement in Subsection (3)(a); or
     (4)(b) provides the student with a reasonable alternative to the sex education instruction requirement described in Subsection (3)(b).
(5) A student’s academic or citizenship performance may not be penalized if the student’s parent chooses not to have the student participate in sex education instruction as described in Subsection (3).