2022 Sex Ed State Law and Policy Chart
2022 Sex Ed State Law and Policy Chart
2022 Sex Ed State Law and Policy Chart
I. Introduction 3
4. Parent/Guardian Notification 22
I.
Introduction
A patchwork of laws relating to sex education exist across the country, with varying
requirements. In some states, this has meant a lack of access to sex education
of uniformity in laws and policies regarding sex education across the nation,
the following series of tables has been developed to assist with clarifying
38
on consent.
states require HIV education.
16
identities or discussion of sexual health
states provide abstinence-only
for LGBTQ youth.
sex education.
5
or HIV/STI instruction is provided. states have laws requiring comprehensive
13
sex education (CSE).*
states do not require sex ed or HIV/STI
instruction to be any of the following: *Of these states, 3 states require comprehensive sex
age-appropriate, medically accurate, education to be taught in all schools. 2 states require
sex education curriculum to be comprehensive, if it
culturally responsive, or evidence-
is taught in schools.
based/evidence-informed.
II.
what topics are included; and the rights parents and guardians
PHOTO BY
JESWIN THOMAS
1. Requirements and quality of education of health review the material for accuracy,
others will mandate that curriculum be based
This first table outlines which states mandate
on information from “published authorities
sex education, HIV/STI instruction, and/or healthy
upon which medical professionals rely.”
relationships instruction. The checkmarks with
an asterisk (*) indicate that the mandate is either b. Age appropriate: suitable to particular ages
found in the state’s administrative laws, or age groups of children and adolescents,
regulations, or rules; policies; or curriculum based on the typical developing cognitive,
standards. Still, these requirements have the emotional, and behavioral capacity typical
full force and effect of law. Additionally, this for the age or age group.
table notes whether the education must be
age-appropriate, evidence-based, culturally c. Culturally responsive: affirming of culturally
responsive, and/or medically accurate, diverse individuals, families, and communities
when taught in the state. in an inclusive, respectful, and effective manner;
including materials and instruction that are
To be clear, these quality standards may apply inclusive of race, ethnicity, language, cultural
even if the type of education is not mandated. background, religion, gender, gender identity,
In other words, if a school elects to teach at least sexual orientation, and different abilities.
one of the three types of education tracked, then
it must adhere to additional requirements. d. Evidence based: require curriculum to be
based on proven, accredited publications
a. Medically accurate sex education: verified and authorities that demonstrates the success
or supported by the weight of research or failure of specific initiatives.
conducted in compliance with accepted
scientific methods and published in peer-
reviewed journals, if applicable, or comprising
information recognized as accurate, objective,
and complete. Some state definitions of
“medically accurate” require that the department
From Policy
to Practice
PHOTO BY
MAPBOX
An Overview of Comprehensive Sex Education:
Comprehensive sex education (CSE) programs aim to build knowledge and skills in human
development, relationships, decision-making, communication, and how to access to sexual
and reproductive health services. Ideally, according to the National Sex Education Standards
(NSES), this education should begin in kindergarten and continue through 12th grade.
This education is intended to be age-appropriate, medically-accurate, evidence-based, and
culturally responsive. Further, instruction also includes topics such as sexual assault,
violence prevention, mental health, sexual behavior, sexual orientation, gender identity, race,
ethnicity, and the impact of media and societal norms.
These are the values and topic areas used by advocates to advance policies that support
the future of America and the human rights of the young people in the United States.
PHOTO BY
DELIA GIANDEINI
S = Sex Education
Minnesota ✓ ✓
Mississippi ✓ S
Missouri ✓ ✓ S, HIV, HR S, HIV, HR
Montana ✓* ✓* ✓*
Nebraska ✓ HR
Nevada ✓ ✓ S
New Hampshire ✓* ✓ ✓*
New Jersey ✓* ✓* ✓ S, HIV, HR S, HIV, HR S, HIV, HR
New Mexico ✓* ✓ ✓ HIV, HR
New York ✓* HIV
North Carolina ✓ ✓ ✓ S, HIV, HR S, HIV, HR S, HIV, HR
North Dakota ✓ ✓
Ohio ✓ ✓ ✓ HR
Oklahoma ✓ HIV
Oregon ✓ ✓ ✓ S, HIV, HR S, HIV, HR S, HIV, HR S, HIV, HR
Pennsylvania ✓ ✓ HIV
Rhode Island ✓* ✓ ✓ S, HIV, HR S, HIV, HR S, HIV, HR
South Carolina ✓ ✓ ✓ S, HIV, HR
South Dakota
Tennessee ✓ ✓ ✓ S, HIV, HR HIV S, HIV, HR
Texas ✓* ✓* ✓ S, HIV
Utah ✓ ✓ ✓ HR S, HIV, HR
Vermont ✓ ✓ ✓ S, HR
* Policies included in the table are state laws and state-wide rules, regulations, or standards that have the force of law. For a complete explanation
of each state’s sex education, HIV/STI instruction, and healthy relationships instruction policies, please refer to the law and policy section
of each State Profile.
+ Evidence-informed programs use the best available research and practice knowledge to guide program design and implementation; however,
due to a number of factors such as lack of funding, evidence-informed programs have not received the level of evaluation that evidence-based
programs have received.
Φ Source: Guttmacher Institute. (2020, February). Sex and HIV Education. Retrieved from https://www.guttmacher.org/state-policy/explore/sex-and-hiv-education.
^ Michigan law states that material and instruction in the sex education curriculum that discusses sex shall not be medically inaccurate.
Massachusetts
Michigan Stress Prohibit ✓ ✓
Minnesota Cover
Mississippi Stress Discriminatory Prohibit ✓ ✓
Missouri Stress Cover, expansive ✓ ✓
Montana ✓
Nebraska ✓
Nevada ✓
New Hampshire Cover ✓
New Jersey Stress Cover, expansive Inclusive ✓
Stress (HIV),
New Mexico
Cover (Sex Ed)
Cover, expansive Neutral ✓
New York Stress (HIV)
North Carolina Stress Cover, expansive Discriminatory ✓ ✓
North Dakota Cover ✓
Ohio Stress ✓ ✓
Oklahoma Stress Discriminatory ✓
Oregon Stress Cover, expansive Inclusive ✓
Pennsylvania Stress (HIV)
Rhode Island Stress Cover, expansive Inclusive ✓
South Carolina Stress Cover, limited Prohibit ✓ ✓
¬ This section tracks whether there is a healthy relationships instruction component if sex education or HIV/STI instruction is provided. Healthy relationships
instruction in this guide refers to instruction in at least one of the following categories: communication skills, decision-making skills, violence prevention,
child sex abuse, consent, characteristics of a healthy relationship, and sex trafficking. Violence prevention instruction refers only to prevention of violence
in the context of relationships or sexual violence, such as domestic abuse/violence, dating abuse/violence, intimate partner violence, sexual abuse
and assault, rape, unwanted sexual advances, and child abuse.
* Louisiana Statue prohibits instruction that utilizes any sexually explicit materials depicting male or female homosexual activity.
Φ Source: Guttmacher Institute. (2017, October). Sex and HIV Education. Retrieved from https://www.guttmacher.org/state-policy/explore/sex-and-hiv-education.
Alabama 1 ✓ ✓ ✓
Alaska 1, 2, 3 ✓
Arizona ✓ ✓
Arkansas ✓ ✓
California ° 1, 2, 3 ✓ ✓ ✓ ✓
Colorado ✓ ✓ ✓ ✓
Connecticut 1 ✓ ✓
Delaware 1, 3 ✓ ✓ ✓ ✓
D.C. 1, 3 ✓ ✓ ✓
Florida ✓ ✓
Georgia 1 ✓
Hawaii ✓ ✓ ✓
Idaho ✓
Illinois 1 ✓ ✓
Indiana ✓
Iowa 1 ✓
Kansas
Kentucky ✓ ✓
Louisiana 1 ✓ ✓ ✓
Maine ✓ ✓ ✓
Maryland 1, 3 ✓ ✓ ✓
Massachusetts
Michigan ^ 1, 2 ✓* ✓ ✓*
Minnesota
Mississippi ✓
Missouri 1, 3 ✓ ✓ ✓
Montana ✓ ✓
Nebraska 1 ✓
Nevada ✓ ✓
New Hampshire ✓ ✓
New Jersey ✓ ✓ ✓ ✓
New Mexico ✓ ✓ ✓
New York 1, 3
North Carolina 1 ✓ ✓ ✓
North Dakota
Ohio 1, 3 ✓
Oklahoma ✓
Oregon 1, 3 ✓ ✓ ✓ ✓
Pennsylvania
Rhode Island 1 ✓ ✓ ✓
South Carolina ✓ ✓
South Dakota
Tennessee ✓ ✓ ✓
Texas 1, 3 ✓ ✓ ✓
Utah * 1 ✓ ✓ ✓
Vermont ✓ ✓ ✓
Virginia ✓Φ ✓ ✓ ✓
Washington 1 ✓ ✓ ✓ ✓
West Virginia ✓ ✓ ✓
Wisconsin ✓
Wyoming ✓
◊ This indicates whether schools in the state must: 1) provide teacher training, 2) require a certificate or expertise to teach, and/or 3) require teachers
to attend training. For more information, please refer to the introduction portion of this document.
° Definitions of consent vary across legislative texts; however, California’s legislative definition is the most explicit and concise, defining consent
as the affirmative, conscious, and voluntary agreement to engage in sexual activity.
^ Michigan requires that instruction teaches students how to say “no” to sexual advances and that it is wrong to take advantage of, harass, or exploit
another person sexually, teaches respect for self and others and how to set limits and recognize dangerous environments, and include information
clearly informing students that having sex or sexual contact with an individual under the age of 16 is a crime.
* Utah requires that “refusal skills” be taught in health education classes.
Φ Source: Guttmacher Institute. (2017, October). Sex and HIV Education. Retrieved from https://www.guttmacher.org/state-policy/explore/sex-and-hiv-education.
If sex education, HIV/STI instruction, healthy relationships instruction, or instruction on sexual orientation and gender identity
is provided, then it must provide parent/guardian notification
State
Alabama HIV
Alaska HR S
Arizona S, HIV S, HR
Arkansas LGBTQ+ HR HR
California S, HIV, HR
Colorado S, HIV, HR S, HIV, HR
Connecticut S, HIV HIV
Delaware
D.C. S, HIV S, HIV
Florida S, HIV S, HIV
Georgia S, HIV
Hawaii S, HIV, HR S, HIV, HR
Idaho S
Illinois S, HIV, HR S, HIV, HR
Indiana ^ S, HR S, HR
Iowa S, HIV, HR S, HIV, HR
Kansas S, HIV, HR * S, HIV, HR
Kentucky
Louisiana S, HIV S, HIV, HR
Maine S, HIV
Maryland S, HIV S, HIV, HR
Massachusetts S, HIV S, HIV
If sex education, HIV/STI instruction, healthy relationships instruction, or instruction on sexual orientation and gender identity
is provided, then it must provide parent/guardian notification
State
Michigan S S, HR
Minnesota S, HIV, HR S, HIV, HR
Mississippi × S, HIV, HR S, HIV, HR S, HIV, HR
Missouri S, HIV, HR S
Montana S S, HIV, HR
Nebraska HR
Nevada S, HIV S, HIV, HR
New Hampshire S, HIV, HR
New Jersey S, HIV, HR HR
New Mexico S, HIV, HR
New York HIV HIV
North Carolina + S, HIV, HR S, HIV, HR S, HIV, HR
North Dakota
Ohio S, HIV ° HIV, HR HR
Oklahoma S, HIV S, HIV
Oregon S, HIV, HR S, HIV, HR
Pennsylvania HIV HIV
Rhode Island S, HIV, HR S, HIV, HR
South Carolina S, HIV, HR S, HIV, HR
South Dakota
Tennessee LGBTQ+ S, HIV, HR S
Texas S, HIV S, HIV
If sex education, HIV/STI instruction, healthy relationships instruction, or instruction on sexual orientation and gender identity
is provided, then it must provide parent/guardian notification
State
* Kansas local school districts are required to determine if they wish to offer an opt-in or opt-out policy.
^ Indiana requires schools to make two attempts to receive written parental permission in order for students to participate in sex education. If permission
is not confirmed or denied after two attempts, students are automatically enrolled, and parents may subsequently withdraw students from instruction.
× Mississippi requires schools to “inform the parents of their right to request the inclusion of their child” in sex education instruction and that,
“upon the request of any parent, the school shall excuse the parent’s child from such instruction or presentation.”
+ North Carolina requires local boards of education to adopt policies that provide opportunities “either for parents and legal guardians to consent or for
parents and legal guardians to withhold their consent to the students’ participation” in any part of the North Carolina School Health Education Program.
° Educators in Ohio are required to obtain parental consent if additional instruction is provided outside of the mandated sex education topics