(1) Except as otherwise provided in subsection (4) of this section, a school district that offers a planned curriculum that includes the discussion of or instruction concerning human sexuality shall provide to the parent or guardian of each student, prior to commencing the planned curriculum:
(a) Written notification of the ability to excuse a student, without penalty or additional assignment, from that portion of the planned curriculum that concerns human sexuality, upon the written request of the student's parent or guardian; and
(b) A detailed, substantive outline of the topics and materials to be presented in that portion of the planned curriculum that concerns human sexuality.
(2) Nothing in this section shall be construed to require an act or procedure in addition to the signature of the parent or guardian to excuse a student from that portion of the planned curriculum that concerns human sexuality.
(3) Each school district board of education is encouraged to disseminate policies or instructions to the public schools of the school district to ensure the implementation of the provisions of this section in a manner that will not draw undue attention to, nor cause undue embarrassment for, students excused from that portion of the planned curriculum that concerns human sexuality.
(4) The provisions of this section shall not apply to a local comprehensive health education program implemented by a school district or board of cooperative services pursuant to article 25 of this title.
(5) Except as described in subsection (9) of this section, a school district, charter school, or institute charter school that offers a planned curriculum that includes instruction concerning human sexuality shall, in offering such a curriculum, maintain content standards for the curriculum that are based on scientific research, which content standards shall:
(a) Encourage parental involvement and family communication;
(b) Emphasize abstinence and teach that sexual abstinence is the only certain way and the most effective way to avoid pregnancy and sexually transmitted diseases and infections, including but not limited to instruction regarding HIV/AIDS, hepatitis C, the link between human papillomavirus and cancer, and the availability of the human papillomavirus vaccine;
(c) Include instruction to help students develop skills for making responsible and healthy decisions about human sexuality, personal power, boundary setting, and resisting peer pressure, including how to avoid:
(I) Unwanted verbal, physical, and sexual advances;
(II) Making unwanted verbal, physical, and sexual advances; and
(III) Making assumptions about a person's supposed sexual intentions based on that person's appearance;
(d) Include discussion of how alcohol and drug use impairs responsible and healthy decision-making;
(e) Be age-appropriate, culturally sensitive, and medically accurate according to published authorities upon which medical professionals generally rely;
(f) Provide instruction about the health benefits and potential side effects of using contraceptives and barrier methods to prevent pregnancy, including instruction regarding emergency contraception and the availability of contraceptive methods; and
(g) For school districts that have established a character education program pursuant to section 22-29-103, promote the guidelines of behavior established in the character education program.
(6) Nothing in subsection (5) of this section shall be interpreted to prohibit discussion of health, moral, ethical, or religious values as they pertain to human sexuality, healthy relationships, or family formation.
(7) School districts, charter schools, and institute charter schools are encouraged to involve teachers, school nurses, parents, and community members in the development of the content standards required by subsection (5) of this section and to integrate available community resources into programs providing instruction regarding human sexuality.
(8) As used in this section, unless the context otherwise requires, "sexual abstinence" means not engaging in oral, vaginal, or anal intercourse or genital skin-to-skin contact.
(9) A school district, charter school, or institute charter school that is receiving, on July 1, 2007, direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710 shall not be required to adopt content standards for the provision of such instruction as described in subsection (5) of this section in any year that the school district, charter school, or institute charter school receives such funding.
Source: L. 2004: Entire section added, p. 1373, 1, effective July 1. L. 2007: (5) to (9) added, p. 828, 2, effective July 1.
Cross references: For the legislative declaration contained in the 2007 act enacting subsections (5) to (9), see section 1 of chapter 212, Session Laws of Colorado 2007.