Gavin Howe
Sex education in schools has long been a contentious issue, with parents, politicians, and educators all having differing opinions on the topic. While there are no federal laws dictating what sex education should look like, decisions about sex education are typically made at the state and local level. This means that local governments can indeed influence the nature of sex education laws within their jurisdiction. This includes decisions about whether parents can opt their children out of sex education classes, and whether certain topics, such as LGBTQ+ identities and relationships, are included in the curriculum. As such, sex education laws and policies can vary significantly from state to state, and even between school districts.
| Characteristics | Values |
|---|---|
| Sex education laws and policies are developed at | State and local level |
| Number of states requiring instruction to be medically accurate | 18 |
| Number of states requiring instruction to be age-appropriate | 26 |
| Number of states requiring discussion of LGBTQ+ identities and relationships to be inclusive and affirming | 10 |
| Number of states prohibiting discussion of LGBTQ+ identities and relationships | 6 |
| Number of states requiring HIV and/or sex education to be covered in school | 39 |
| Number of states requiring parental consent for a child to take sexual education classes | 2 (Indiana and Arizona) |
| States allowing parents to opt their children out of certain topics | Oregon |
| States not requiring sex education in schools | Michigan, Oklahoma, New Jersey, New York, Florida, Indiana, Colorado, Illinois |
| States requiring sex education to stress abstinence | Hawaii, Texas, Utah, Mississippi |
| States requiring sex education to include discussion of healthy relationships | Oregon, Rhode Island, West Virginia, District of Columbia, Hawaii, Maine, Maryland, New Mexico, North Carolina, Vermont |
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What You'll Learn
Parental consent and opt-out policies
In the United States, decisions about sex education are made at the state and local level, with no federal laws dictating what sex education should look like or how it should be taught in schools. While almost every state has some form of guidance on sex education, the day-to-day decisions are often left to individual school districts.
In California, parents have the right to opt their children out of all or part of sex education classes, including comprehensive sexual health education, HIV prevention education, and related assessments. The California Healthy Youth Act strengthened parental opt-out rights, requiring parents to be more proactive in opting their children out, rather than schools limiting sex education by requiring parental consent. Additionally, schools in California cannot punish a child for being opted out of sex education, and parents have the right to opt their children out of LGBT discussions if they are presented as part of sex education.
Supporters of passive-consent or "opt-out" policies argue that they provide parents with control over their children's education while reducing administrative burdens on schools. On the other hand, "opt-in" policies ensure that parents have given explicit consent for their children to receive sex education, but they can be time-consuming and costly for schools to implement, and there is a risk that some children may be excluded from sex education due to administrative errors or failure to obtain consent.
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LGBTQ+ inclusivity
In the United States, sex education laws and policies are developed at the state and local level, and there are no federal laws dictating what sex education should look like or how it should be taught in schools. This means that local governments do have some influence over sex education laws, including the degree of LGBTQ+ inclusivity.
Some states have introduced harmful and exclusionary laws that require parents to be notified in advance of any LGBTQ+ related curricula and allow parents to opt their children out of those classes, or even require them to opt in. Six southern states either prohibit educators from discussing LGBTQ+ identities and relationships or require them to frame these topics negatively. These laws contribute to the stigmatization of LGBTQ+ youth and put them at greater risk for STDs, pregnancy, and unhealthy or abusive relationships.
On the other hand, some states have passed comprehensive LGBTQ+ inclusive sexual health education laws, demonstrating the importance of advocacy and education in bringing about change. The Real Education for Healthy Youth Act, reintroduced in 2013, would authorize grants for comprehensive sex-education programs that are inclusive of LGBTQ+ youth, requiring sensitive and respectful discussions of gender, gender identity, and sexual orientation. Most parents, medical organizations, and educational organizations support the teaching of LGBTQ+ inclusive, comprehensive sex education in schools.
Overall, while local governments do have some influence over sex education laws, including LGBTQ+ inclusivity, there is a clear need for more comprehensive and inclusive sex education policies across the United States to ensure the health and well-being of LGBTQ+ youth.
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Abstinence-only education
In the United States, sex education laws and policies are developed at the state and local level, and there are no federal laws dictating what sex education should look like or how it should be taught in schools. While almost every state has some guidance around sex education, there is no guarantee that the information provided is comprehensive, medically accurate, or covers the topics young people need to learn about to stay healthy.
Federal funding for abstinence-only programs has been labelled as harmful and ineffective by organisations such as the Guttmacher Institute. These programs are criticised for providing misleading and incomplete information, denying young people access to necessary and potentially life-saving knowledge about their bodies, reproductive health, and sexuality. Research shows that abstinence-only funding does not lower adolescent birth rates. On the contrary, states with a higher emphasis on abstinence-only programs have a higher incidence of adolescent pregnancies and births.
Despite the concerns raised by medical experts and health professionals, Congress has historically spent significant amounts on domestic abstinence-only programs. The federal government invests over $175 million annually in 'abstinence-only-until-marriage' programs, with current funding totalling $85 million per year. The CBAE (Community-Based Abstinence Education) program bypasses state government approval processes and provides grants directly to community organisations, including faith-based groups.
While some parents and adolescents support the inclusion of abstinence in sex education, the majority wish for a more comprehensive approach that covers both abstinence and contraception. Comprehensive sexuality education programs have been found to help teens delay sexual initiation and reduce sexual risk behaviours. They provide young people with the information and skills they need to make informed decisions about their sexual behaviour, relationships, and reproductive choices.
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Medically accurate information
In the United States, sex education laws and policies are developed at the state and local level, with no federal laws dictating what sex education should look like or how it should be taught in schools. This means that local governments do have some influence over sex education laws, although the specific laws vary widely across states. While almost every state has some guidance around sex education, only 18 states require instruction to be medically accurate, and fewer than half require it to be so.
In states that don't have specific sexual education laws, policies can often be found in district codes or other education department manuals. Some states allow local authorities to decide whether parents may opt their children out of sex education classes, and many states allow parents to opt their children out of certain topics. For example, in Oregon, a parent can take their child out of sex education, HIV/STI instruction, and healthy relationships instruction.
Supporters of comprehensive sex education argue that it lowers teen pregnancy rates and STD or STI infection rates, and that students should be aware of things like the proper use of contraceptives. They also argue that including sex education in public schools ensures that a large number of young people will have access to the same information. However, many parents argue that they should have the final say in what their children learn, especially on topics that could contradict a family's moral or religious values. Some parents don't want sex education taught in schools at all, and some states, such as Illinois, do not require it.
Some states, such as Hawaii, Texas, Utah, and Mississippi, focus sexual health instruction on abstinence. However, research shows that abstinence-only programs are ineffective at lowering adolescent birth rates and can be harmful to LGBTQ+ students. For example, six southern states either prohibit educators from discussing LGBTQ+ identities and relationships or require them to frame these topics negatively. These laws stigmatize LGBTQ+ youth and put them at greater risk for STDs, pregnancy, and unhealthy or abusive relationships.
Overall, while local governments do have some influence over sex education laws, the specific laws and policies vary widely across states, and there is ongoing debate about the best approach to sex education in schools.
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Teaching healthy relationships
In the United States, sex education laws and policies are developed at the state and local level, with no federal laws dictating what sex education should include or how it should be taught. While almost every state has some guidance on sex education, the specific content covered in sex education programs is determined by state laws.
Instructing youth about healthy relationships involves addressing topics such as dating violence, intimate partner violence, consent, and self-advocacy. It also encompasses discussions on methods of contraception and STI/HIV prevention, ensuring that individuals are equipped with practical knowledge to protect their sexual health.
To effectively teach healthy relationships, it is essential to involve community-based organizations and faith-based communities in developing sex education curricula. These organizations can emphasize the moral and ethical dimensions of sexuality and decision-making, providing a holistic perspective. Additionally, parents and caregivers play a pivotal role as primary sex educators for their children, imparting fundamental lessons about bodies, development, gender, and relationships.
However, it is important to acknowledge the limitations of current sex education. Despite state requirements, there is no guarantee that the information provided is medically accurate or comprehensive. Fewer than half of high schools and only a fifth of middle schools teach the sexual health topics considered essential by the Centers for Disease Control and Prevention (CDC). This discrepancy underscores the need for standardized, evidence-based curricula and trained educators to ensure consistent and high-quality sex education nationwide.
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Frequently asked questions
Local governments do not make sex education laws, but states often leave the specifics of how sex education is taught to local school districts.
Some states allow local authorities to decide whether parents may opt their children out of sex education classes. In many of those states, local authorities may also provide consent for a child's participation in sex education classes.
Hawaii focuses sexual health instruction on abstinence. Texas, Utah, and Mississippi do as well. In Illinois, sex ed isn't required at all. In Michigan, sex ed is not required, but education about HIV and STIs is.
Critics argue that state laws don't always solve the tension between the interests of the state and the interests of parents. For example, while most states have some kind of law or policy about sex education, only ten states require discussion of LGBTQ+ identities and relationships to be inclusive and affirming. Six southern states either prohibit sex educators from discussing LGBTQ+ identities and relationships or require them to frame these topics negatively.
