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2022 Sex Ed State Law and Policy Chart

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Sex Ed State Law

and Policy Chart


SIECUS State Profiles: July 2022
Table of Contents
This document is interactive. Click on the page numbers below to jump to that page,
and click the three-line menu button in the top right corner of any page to return here.

I. Introduction 3

II. How to Read These Tables 4

III. From Policy to Practice 10

IV. State Law and Policy Charts 12

1. Requirements and Quality of Education 13

2. Additional Requirements – Sex Education or HIV/STI Instruction 16

3. Additional Requirements – Healthy Relationships Instruction 19

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

or certain components of sex education, and in many other states no access

to comprehensive sexuality education for young people. In response to the lack

of uniformity in laws and policies regarding sex education across the nation,

the following series of tables has been developed to assist with clarifying

the state of sex education, HIV/STI instruction, and healthy relationships

instruction in the United States.

29 states and the District of Columbia


require sex education. 13 states require sex education or HIV/STI
instruction to include information

38
on consent.
states require HIV education.

10 states require culturally responsive


sex education and HIV/STI instruction.

30 states require schools to emphasize the


importance of abstinence when sex
education or HIV/STI instruction is provided. 9 states have policies that include affirming
sexual orientation instruction on LGBQ

16
identities or discussion of sexual health
states provide abstinence-only
for LGBTQ youth.
sex education.

19 states require instruction on condoms


or contraception when sex education
6 states explicitly require instruction that
discriminates against LGBTQ+ people.

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.

How to Read These


Tables
In general, these tables address whether states must provide

sex education, HIV/STI instruction, and/or healthy relationships

instruction in the United States; the quality of that education;

what topics are included; and the rights parents and guardians

may have regarding their children receiving such education.

Each of the numbered headings below correspond to their

respectively numbered tables. For additional context,

please refer to the footnotes at the end of each table.

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

2022 Sex Ed State Law and Policy Chart 5


2. Additional requirements – assigned biological sex, but neither affirm
Sex education or HIV/STI instruction the unique needs of young people beyond
the binary including but not limited to gender
This table describes the requirements to which
nonconforming, transgender, and gender
a school must adhere if it elects to provide sex
expansive youth, or intentionally discriminate
education or HIV/STI instruction. These additional
against these youth.
requirements fall into several distinct categories:
◦ D
iscriminatory laws on sexual orientation
• Inclusion, or lack thereof, of lesbian, gay, require sex education curriculum to include
bisexual, transgender, or queer (LGBTQ) discriminatory, stigmatizing, shame based, or
people – Language surrounding LGBTQ people medically inaccurate information about sexual
varies tremendously in states’ education laws orientation. In addition to classifying laws
across the country. These laws can be that prohibit sex educators from “promoting
categorized as being either “inclusive,” “neutral,” homosexuality” (commonly referred to as ‘no
or “discriminatory” toward LGBTQ people. Cells promo homo laws’) as discriminatory, SIECUS
that are blank indicate states that do not have considers additional factors for classification.
any explicit language concerning LGBTQ people, These factors include requirements that
instruction, or materials. The language also instruction promote “honor and respect
differentiates between sexual orientation for monogamous, heterosexual marriage”
and gender identity. and/or “benefits of monogamous,
heterosexual marriage.”
◦ Inclusive laws on sexual orientation
are those that include affirming instruction ◦ D
iscriminatory laws on gender identity
on lesbian, gay, bisexual, and queer (LGBQ require sex education curriculum to include
identities) and discussion of sexual health instruction on the emotional, behavioral
for LGBQ youth. and cultural characteristics attached to a
person’s assigned biological sex. Gender can
◦ I nclusive laws on gender identity require
be understood to have several components,
sex education curriculum to include
including gender identity, gender expression
instruction on the emotional, behavioral
and gender role.
and cultural characteristics attached to a
person’s assigned biological sex. Gender can
• Abortion as outcome of pregnancy (negative,
be understood to have several components,
affirming, or prohibited) – States have different
including gender identity, gender expression
requirements regarding discussion of abortion
and gender roles.
in sex education classes. Some state laws
◦ N
eutral laws on sexual orientation include prohibit instruction on abortion or require
information on LGBQ identities or mention inclusion of medically inaccurate information
LGBQ identities, but neither affirm the written to dissuade students from viewing
unique needs of LGBQ youth or intentionally abortion as an acceptable outcome of pregnancy,
discriminate against LGBQ youth. while curricula that are affirming of abortion
promote or include instruction that is medically
◦ N
eutral laws on gender identity include accurate, unbiased information about abortion
instruction on the emotional, behavioral and as a valid outcome of pregnancy.
cultural characteristics attached to a person’s

2022 Sex Ed State Law and Policy Chart 6


• Abstinence – The extent that states require of married people who do have unintended
abstinence to be covered varies. pregnancies or contract HIV/STIs and the fallacy
that unintended pregnancies and HIV/STIs
◦ A
bstinence Included: Policies require that
are nonexistent or disappear in a marriage.
sex education curriculum includes instruction
on abstinence in addition to providing • Healthy relationships instruction – For this
instruction on additional methods of category, healthy relationships instruction
pregnancy prevention and contraception. includes instruction on communication skills,
◦ A
bstinence Stressed: Policies require that decision-making skills, violence prevention,
sex education curriculum only include child sexual abuse, consent, or sex trafficking.
abstinence or emphasize abstinence as the These columns in the table indicate which states
main way to avoid pregnancy and sexually require at least one component of healthy
transmitted infections. relationships instruction as part of mandated
sex education or HIV/STI instruction and
• Contraception covered (limited or comprehensive healthy relationships instruction.
expansive) – The extent that states require
◦ Some healthy relationships: mentioned
contraception to be covered varies.
healthy relationships teaching but does not
◦ L
imited includes teaching methods such as go into detail about what is included
condoms and vaguely mentions the concepts in the lesson (requires a unit on healthy
of contraception but does not go into detail. relationships).
Some require that contraception is covered
◦ Detailed healthy relationships: fully
but emphasize the failure rate of various
and clearly specifies instruction and what
forms of contraception rather than its use.
students will receive. May include the
◦ State laws that require expansive time limits, and clearly articulate definitions
contraception education include many if so that instruction is not ambiguous.
not all FDA-approved forms of contraception,
including long-acting reversible
contraception and condoms, and how
to use the various forms.

• Marriage promotion – There are state laws


containing language that require teachers
to promote marriage—described explicitly
as heterosexual and monogamous in many
states—during sex education and HIV/STI
instruction. Many of these laws perpetuate the
misconception that marriage is the only way
to prevent unintended pregnancies and HIV/
STIs. However, this is a misguided belief that
contributes to both the stigma and isolation

2022 Sex Ed State Law and Policy Chart 7


• Instruction implementation requirements – ◦ Require teachers to attend training – Many
Quality sex education is provided by laws require school officials to attend teacher
well-trained educators, therefore tracking which training on relevant health education topics.
states require schools to include some sort
The teacher training requirement in this table
of teacher training is critical. States had three
specifically refers to sex education or HIV/STI
different types of teacher training requirements
instruction. For further information on teacher
and sometimes required more than one type.
training requirements specifically for healthy
◦ Provide teacher training – These types relationships topics and instruction, please
of laws require schools to provide or make see table three.
available in-service teacher training
for school officials, including administrators
and teachers. It is often unclear whether
attendance of school officials for trainings
is mandated.

◦ Require a certificate or expertise to teach –


These types of laws require teachers or guest
speakers and educators to possess a valid
certificate to teach the specific health
education course. Some laws require guest
speakers to have expertise in health
education to teach.

2022 Sex Ed State Law and Policy Chart 8


3. Additional requirements – 4. Parent/Guardian notification
Healthy relationships instruction
This final table indicates whether there is an
The third table tracks each state’s laws surrounding opportunity for parents or guardians to either
heathy relationships instruction, including which opt-out of or opt-in to each type of instruction
topics must be taught and whether the state on behalf of their children. It also indicates if there
requires a teacher training component, if healthy is language in the law that requires schools
relationships topics are provided by the school. to either make the materials available for public
This table tracks two types of healthy relationships view or for parents/guardians to review. Under
instruction – (1) topics required by the states’ an opt-in policy, teachers need written permission
sex education and HIV/STI instruction laws and from a parent or guardian before a student can
(2) healthy relationships instruction laws that are attend a sex education class. Most states
standalone from sex education and HIV/STI and school districts rely instead on opt-out policies
instruction. As there are some states that do not for sex education, which automatically enroll all
require sex education or HIV/STI instruction, students, but allow parents to remove their
but do require a type of healthy relationships children from instruction without penalty. Opt-out
instruction, this table reflects those differences. policies usually require school districts to send
This table does not track which healthy relationships written notification to parents before sex education
topics are mandated by law, but rather which lessons are taught, including information on what
topics are required to be taught if some sort is being taught and who will be teaching the class.
of healthy relationships instruction is required, It is then the responsibility of parents to inform
either through a standalone law or as part of the the school district in writing if they do not wish
state’s sex education or HIV/STI instruction law. their child to attend those lessons. 

2022 Sex Ed State Law and Policy Chart 9


III.

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.

Additional characteristics of CSE programs according to the NSES include:

• Provides knowledge and skills that will promote health-enhancing


behaviors and decisions

• Addresses individual and group norms, stereotypes, and beliefs


surrounding health behaviors

• Focuses on positive reinforcement of healthy attitudes and behaviors


and increasing personal perception of risk behaviors

• Incorporates strategies that are trauma-informed, culturally responsive,


inclusive, sex positive, and rooted in justice and equity

• Encourage parent-child communication and parental engagement

• Includes lesson plan and pedagogical techniques for educators and


administrators to facilitate implementation

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.

2022 Sex Ed State Law and Policy Chart 11


How to use this resource to enact change:

If you are a policy maker: If you are an advocate:

• Fund and/or support comprehensive sexuality • Advocate for comprehensive sexuality


education programs. Ensure policies for sex education programs that honor and respect
education will equip young people with the the rights of young people, providing them
knowledge, skills, attitudes, and values they with the tools they need to lead healthy lives.
have a right to and need to lead healthy lives.
• Require sex education and HIV/STI instruction
Reject harmful programs that do not include
to be age-appropriate, medically accurate,
information that is age-appropriate, medically
and culturally appropriate.
accurate, and culturally appropriate.
• Ensure teachers providing sex education
• Develop sex education policies that align with
receive ongoing training on HIV/STIs, healthy
the National Sexuality Education Standards.
relationships, and consent.
• Work to remove state-level legal and policy
• Work to remove state-level legal and policy
barriers to LGBTQ-inclusive sex education in
barriers to LGBTQ-inclusive sex education in
schools and require LGBTQ-inclusive programs.
schools and require LGBTQ-inclusive programs.
• Require parental opt-out policies, rather than
• Form coalitions with parents, educators, policy
opt-in policies.
makers, and young people to improve sex
• Eliminate funding and/or support for abstinence- education in your state and your school district. 
only-until-marriage (AOUM) or sexual risk
avoidance (SRA) programs, which are harmful
and ineffective.

2022 Sex Ed State Law and Policy Chart 12


IV.

State Law and


Policy Charts

PHOTO BY
DELIA GIANDEINI
S = Sex Education

1. Requirements and Quality of Education HIV = HIV/STI Education


HR = Healthy Relationships Education

If sex education, HIV/STI instruction, or healthy relationships


Detailed
Some healthy instruction is provided, then instruction must be...
Sex HIV/STI healthy
relationship
State education education relationship
content
mandated mandated education
mandated Age- Evidence- Culturally Medically
mandated
appropriate based appropriate accurate

Alabama ✓ ✓ S, HIV, HR S, HIV


Alaska ✓ HR
Arizona ✓ HIV HIV
Arkansas ✓ ✓ HR HR HR
California ✓ ✓ ✓ S, HIV, HR S, HIV, HR S, HIV, HR
Colorado ✓ S, HIV, HR S, HIV, HR S, HIV, HR S, HIV, HR
Connecticut ✓
Delaware ✓* ✓* ✓
D.C. ✓* ✓* ✓* S, HIV, HR S, HIV, HR
Florida ✓ ✓ ✓ S, HIV
Georgia ✓ ✓
Hawaii ✓* ✓* ✓* S, HIV, HR S, HIV, HR
Idaho
Illinois ✓ ✓ S, HIV, HR S, HIV, HR S, HIV, HR S, HIV, HR
Indiana ✓ HR
Iowa ✓ ✓ ✓ S, HIV, HR S, HIV, HR S, HIV, HR S, HIV, HR
Kansas ✓*
Kentucky ✓* ✓* ✓* HR
Louisiana S, HIV, HR
Maine ✓ ✓ ✓ S, HIV, HR S, HIV, HR
Maryland ✓* ✓* ✓ HR
Massachusetts ✓ S
Michigan ✓ ✓ S, HIV, HR S^, HIV^, HR^

2022 Sex Ed State Law and Policy Chart 14


S = Sex Education

1. Requirements and Quality of Education (cont.) HIV = HIV/STI Education


HR = Healthy Relationships Education

If sex education, HIV/STI instruction, or healthy relationships


Detailed
Some healthy instruction is provided, then instruction must be...
Sex HIV/STI healthy
relationship
State education education relationship
content
mandated mandated education
mandated Age- Evidence- Culturally Medically
mandated
appropriate based appropriate accurate

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

2022 Sex Ed State Law and Policy Chart 15


S = Sex Education

1. Requirements and Quality of Education (cont.) HIV = HIV/STI Education


HR = Healthy Relationships Education

If sex education, HIV/STI instruction, or healthy relationships


Detailed
Some healthy instruction is provided, then instruction must be...
Sex HIV/STI healthy
relationship
State education education relationship
content
mandated mandated education
mandated Age- Evidence- Culturally Medically
mandated
appropriate based appropriate accurate

Virginia ✓ S, HIV, HR HR S, HIV, HR


Washington ✓ ✓ ✓ S, HIV, HR S, HIV, HR S, HIV, HR S, HIV, HR
West Virginia ✓* ✓ ✓
Wisconsin ✓
Wyoming

* 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.

2022 Sex Ed State Law and Policy Chart 16


2. Additional Requirements – Sex Education or HIV/STI Instruction

If sex education or HIV/STI instruction is provided, then it must...

Abortion as Include healthy relationships


Stress or cover... Be inclusive,
State outcome of instruction ¬
neutral, or Promote
pregnancy
discriminatory heterosexual
Contraception (prohibit,
toward marriage
Abstinence (expansive, negative, or Some Detailed
LGBTQ people
limited) affirming)

Alabama Stress Cover, limited ✓


Alaska ✓
Arizona Stress ✓ ✓
Arkansas Stress Prohibit ✓
California Cover Cover, expansive Inclusive ✓ ✓
Colorado Cover Cover, expansive Inclusive Affirming ✓
Connecticut Cover Cover, expansive Inclusive Prohibit ✓
Delaware Stress ✓
D.C. Cover Cover, expansive Inclusive Affirming ✓
Florida Stress Discriminatory ✓ ✓
Georgia Stress ✓ ✓
Hawaii Stress Cover, expansive ✓
Idaho Stress ✓
Illinois Cover Cover, expansive Inclusive Negative ✓
Indiana Stress ✓ ✓
Iowa Neutral ✓
Kansas ✓
Kentucky Stress ✓
Louisiana Stress Discriminatory * Prohibit ✓ ✓
Maine Stress Cover, expansive ✓
Maryland Cover Cover, expansive Inclusive ✓

2022 Sex Ed State Law and Policy Chart 17


2. Sex Education or HIV/STI Instruction (cont.)

If sex education or HIV/STI instruction is provided, then it must...

Abortion as Include healthy relationships


Stress or cover... Be inclusive,
State outcome of instruction ¬
neutral, or Promote
pregnancy
discriminatory heterosexual
Contraception (prohibit,
toward marriage
Abstinence (expansive, negative, or Some Detailed
LGBTQ people
limited) affirming)

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 ✓ ✓

2022 Sex Ed State Law and Policy Chart 18


2. Sex Education or HIV/STI Instruction (cont.)

If sex education or HIV/STI instruction is provided, then it must...

Abortion as Include healthy relationships


Stress or cover... Be inclusive,
State outcome of instruction ¬
neutral, or Promote
pregnancy
discriminatory heterosexual
Contraception (prohibit,
toward marriage
Abstinence (expansive, negative, or Some Detailed
LGBTQ people
limited) affirming)

South Dakota Cover ✓


Tennessee Stress ✓ ✓
Texas Stress Cover, limited Discriminatory ✓ ✓
Utah Stress ✓ ✓
Vermont Cover Cover, limited Affirming ✓
Virginia Cover Cover, limited ✓ ✓
Washington Stress Cover, limited Inclusive ✓
West Virginia Cover Cover, limited ✓ ✓
Wisconsin Stress
Wyoming ✓

¬ 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.

2022 Sex Ed State Law and Policy Chart 19


3. Additional Requirements – Healthy Relationships Instruction

If healthy relationships instruction is provided, then it must...

State Teach about...


Include a teacher
training
requirement ◊ Communication Decision-making Violence
Consent °
skills skills prevention

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 ✓ ✓ ✓

2022 Sex Ed State Law and Policy Chart 20


3. Healthy Relationships Instruction (cont.)

If healthy relationships instruction is provided, then it must...

State Teach about...


Include a teacher
training
requirement ◊ Communication Decision-making Violence
Consent °
skills skills prevention

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

2022 Sex Ed State Law and Policy Chart 21


3. Healthy Relationships Instruction (cont.)

If healthy relationships instruction is provided, then it must...

State Teach about...


Include a teacher
training
requirement ◊ Communication Decision-making Violence
Consent °
skills skills prevention

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.

2022 Sex Ed State Law and Policy Chart 22


4. Parent/Guardian Notification
S = Sex Education HR = Healthy Relationships Education
HIV = HIV/STI Education LGBTQ+ = Sexual Orientation & Gender

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

Opt-in Opt-out Must make materials available

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

2022 Sex Ed State Law and Policy Chart 23


4. Parent/Guardian Notification (cont.)
S = Sex Education HR = Healthy Relationships Education
HIV = HIV/STI Education LGBTQ+ = Sexual Orientation & Gender

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

Opt-in Opt-out Must make materials available

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

2022 Sex Ed State Law and Policy Chart 24


4. Parent/Guardian Notification (cont.)
S = Sex Education HR = Healthy Relationships Education
HIV = HIV/STI Education LGBTQ+ = Sexual Orientation & Gender

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

Opt-in Opt-out Must make materials available

Utah S, HIV S, HIV


Vermont HIV
Virginia S, HIV, HR S, HIV, HR
Washington HIV
West Virginia HIV HIV
Wisconsin S, HIV S, HIV
Wyoming

* 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

2022 Sex Ed State Law and Policy Chart 25


www.siecus.org

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