Loading...
HomeMy WebLinkAbout2320 Health and Human Sexuality InstructionINSTRUCTION 2320 Page 1 of 7 Bonneville Joint School District No. 93 Extended Learning Opportunities Health and Human Sexuality Instruction 1. Purpose Bonneville Joint School District No. 93 is committed to providing students with accurate, developmentally appropriate, and legally compliant instruction in health, sex education, and human sexuality. This policy governs instruction on human sexuality as defined in Idaho Code §33-1609, which includes sexual conduct, sexual pleasure, sexual intimacy, sexual abuse, sexual violence, eroticism, pornography, deviant sexual behavior, sexual attraction, sexual orientation, sexual identity, gender identity, gender ideology, or gender conversion in accordance with Idaho Code §§ 33-1608 through 33-1611A and 33-1637. 2. Abstinence Philosophy and Prohibition on Counseling in Favor of Abortion A. The Board of Trustees directs that a philosophy of abstinence shall be the underlying principle in all sex education instruction. Sex education instruction shall emphasize abstinence as the preferred and most effective method of preventing pregnancy and sexually transmitted diseases. B. However, it is recognized that this alone may not prevent pregnancies and sexually transmitted diseases and therefore the Board approves instruction in sex education consistent with the adopted core standards for health education or science courses including AIDS awareness, sexually transmitted diseases, birth control, and general human sexuality. C. In all cases the known facts will be taught, not the opinions or moral judgment of the instructor. This does not preclude giving impartial view points on differing views of controversial issues related to the approved core standards and curriculum for sex education. D. However, in any discussion related to abortion, as defined in Idaho Code Section 18-8702(1), District employees must exercise great care to ensure the discussion conforms to Title 18, Chapter 87 of Idaho Code 18-8707, which includes, but is not limited to the prohibition of counseling students in favor of an abortion. 3. Parental Rights and Permission Instruction related to sex education and human sexuality shall be delivered only with the following safeguards: A. Teachers shall notify parents / legal guardians at least two (2) weeks prior to the beginning of any instruction that includes human sexuality, as defined in this policy. INSTRUCTION 2320 Page 2 of 7 Bonneville Joint School District No. 93 Extended Learning Opportunities i. The notification shall include a brief description of the instructional content shall be provided, and all instructional materials shall be available for parental review. ii. The notification shall include a link to Form 2320-F1 to obtain written permission for their child to participate in the instruction and learning activities. B. Students may not attend such instruction unless a signed, written permission form is submitted to the teacher at least one school day prior to the start of instruction. i. Students who do not have signed permission shall be provided with alternative instructional content aligned with grade-level and graduation requirements but that does not include human sexuality. C. All instructional materials, including audiovisual content, textbooks, and supplemental materials, must be made available for parent/guardian inspection upon request. D. Teachers must receive prior approval from the building principal for all guest speakers and media used in any human sexuality-related instruction, in accordance with Policy 2341. 4. Instruction on Gender Identity and Sexual Orientation A. Classroom instruction on gender identity and sexual orientation in grades K through 6 is not permitted. B. For grades 6 through 12, any instruction that addresses topics related to gender identity or sexual orientation—regardless of the subject area—shall only occur if i. the teacher in collaboration with their content area team and principal determined it to be both age-appropriate and developmentally appropriate for the grade level as identified in the Idaho content standards as currently adopted; and ii. the parent or legal guardian of the student has received written notification at least two (2) weeks prior to the instruction and has submitted a signed, written permission form authorizing the student to participate. C. Instruction may not proceed unless each of these conditions are met. This includes any planned classroom discussion, media, or guest speaker content related to these topics. i. Issues brought up by students in the classroom may be briefly discussed as long as the discussion is appropriate for the age and maturity of students and related to the approved learning outcomes of INSTRUCTION 2320 Page 3 of 7 Bonneville Joint School District No. 93 Extended Learning Opportunities the course, as outlined in Board Policy 2340 Controversial Issues and Academic Freedom. D. If a parent or guardian has not granted explicit written permission, the student shall be provided with alternative instructional content that meets grade-level standards and graduation requirements but does not include content on gender identity or sexual orientation. E. All instructional materials must be made available for parent review upon request. Teachers must receive prior administrative approval for any instructional content, activities, or guest speakers that may address these topics. 5. Fetal Development Instruction Requirements (per Idaho Code §33-1637) A. Beginning in the 2025-2026 school year, the District shall incorporate the following content into instruction for students in grades 5 through 12, and in any course that discusses human biology, contraception, or sexually transmitted infections: i. A high-definition ultrasound video (at least three minutes long) depicting development of the brain, heart, sex organs, and other vital organs during early fetal development. ii. A high-quality computer-generated animation showing fertilization and weekly fetal development, highlighting significant developmental markers until birth. B. Instructional Standards i. All instruction shall be age-appropriate, medically accurate, and consistent with Idaho Content Standards. ii. Instruction must be factual, nonjudgmental, and free from bias or moral persuasion by the instructor. iii. Teachers may not counsel students in favor of abortion and must comply with Idaho Code 18-87. iv. Instruction shall also include information explaining current adoption practices and where to find resources and support in the state of Idaho, pursuant to Idaho Code 33-142. 6. Violation, Rectification, and Complaint Procedure A. If a child receives instruction in human sexuality as defined in this policy, without prior written permission from their parent or guardian, the parent or guardian has the right to file a formal complaint to address the concern by following Board Policy U-4110 Public Complaints and Grievances. INSTRUCTION 2320 Page 4 of 7 Bonneville Joint School District No. 93 Extended Learning Opportunities i. Before filing a formal complaint, parents or guardians are encouraged to first discuss it with the teacher and building principal with the objective of resolving the matter promptly and informally. ii. If the parent, teacher, and building principal can resolve the situation informally, the teacher shall ask the parent/guardian to provide a written permission which shall be filed retroactively with the other permission slips. iii. If the complaint is not resolved informally, the parent/guardian shall use Public Complaint Form U-4110F1 to submit written notice to the Superintendent / designee that they believe a violation of the parent notice portion of Policy 2320 has occurred. 1. As required in Board Policy U-4110, the complaint / grievance form must be submitted within sixty (60) calendar days of the event or incident, or from the date the complainant / grievant could reasonably become aware of the violation. 2. The parent/guardian will be asked to suggest specific actions that they believe should be taken to resolve their complaint. iv. The Superintendent or designee shall meet with the parent/guardian of the student who received the unauthorized instruction. v. The Superintendent or designee shall then investigate the complaint. This investigation may include, but will not necessarily be limited to: 1. Student interviews and statements; 2. Interviewing the teacher and other adults who may have been present or otherwise have knowledge of the situation; and 3. A review of the educational standards, District process and District procedures relating to educational matters of sex education and human sexuality as defined in this policy. vi. Within 30 days of receiving the written complaint, the Superintendent or designee shall provide a summary of their findings to the Board at a regular or special Board meeting. 1. If the parent/guardian provided retroactive permission for the instruction, this permission shall be added to the District records. 2. If the parent/guardian requested rectification, the Superintendent or designee shall make a recommendation to the Board regarding what form of rectification should be INSTRUCTION 2320 Page 5 of 7 Bonneville Joint School District No. 93 Extended Learning Opportunities provided. Options for rectification may include, but are not limited to the following: a. A recommendation from the Superintendent to the Board for amendments to the District’s policies and procedures regarding human sexuality as defined in Policy 2320; b. A recommendation from the Superintendent to the Board to revisit the District’s curriculum relating to sex education, human sexuality as defined in Policy 2320 or related subject matters; c. An apology from the District; and d. Direction from the Superintendent to District staff on how similar situations should be addressed in the future. 3. The Superintendent shall also decide whether to recommend disciplinary action against any employee who violated the parent notice requirements described in Policy 2320. Any such action would be confidential, as described in IC 33-518, IC 74-104, and IC 74-106. Therefore, the complaining parent/guardian will not be notified of any disciplinary action taken. B. C. Parents may appeal to the Board 7. Definitions (per Idaho Code §33-1609) A. Abstinence: The absence of any sexual activity prior to marriage. B. Contraception: Methods or devices used to prevent pregnancy other than abstinence. C. Human Biology: Academic courses that provide in-depth instruction on the biological and physiological processes of the human body, including the study of systems such as the circulatory, respiratory, nervous, endocrine, reproductive, and immune systems; cellular and molecular biology; genetics; human development; and the biological basis of health and disease. Human biology courses typically align with state content standards and are offered at the high school level for science credit and graduation requirements. Basic instruction about the human body, which is generally presented at the elementary level as an introduction to body parts, functions, and basic health practices, without extensive scientific or anatomical detail is not considered as human biology. INSTRUCTION 2320 Page 6 of 7 Bonneville Joint School District No. 93 Extended Learning Opportunities D. Human Sexuality: Includes sexual conduct, sexual pleasure, sexual intimacy, sexual abuse, sexual violence, eroticism, pornography, deviant sexual behavior, sexual attraction, sexual orientation, sexual identity, gender identity, gender ideology, or gender conversion. i. Sexual conduct or sexual activity: Any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if the person be a female, the breast. As defined in Idaho Code §18 -1514(3) ii. Sexual pleasure: Physical and/or psychological satisfaction or enjoyment derived from an erotic sexual interaction. Not defined in Idaho statute. iii. Sexual intimacy: Consensual sexual conduct, as defined in this policy. Not defined in Idaho statute. iv. Sexual abuse: Forcing or coercing sexual acts on a person without consent, or involving a person (often a minor or vulnerable adult) in sexual activity to gratify another’s desires. v. Sexual violence: Sexual act (or attempt) performed against a person’s will through force, threat, or manipulation. This includes rape (forced penetration) and other coerced sexual acts, regardless of victim – perpetrator relationship. vi. Pornography or Eroticism: Explicit sexual materials (visual, written, or otherwise) created to elicit sexual arousal defined as obscene materials in Idaho Code §18-1514(3) vii. Deviant sexual behavior: Sexual behaviors deemed outside societal norms or legal standards. It often includes paraphilic acts (e.g. fetishism, voyeurism) and criminal acts (bestiality, necrophilia). viii. Sexual attraction: The feeling that one might want to engage in sexual conduct or sexual activity, as defined in this policy, with another individual. ix. Sexual orientation: An enduring pattern of a person’s sexual attraction to the opposite sex, the same sex, or both. x. Sexual identity: The label or conception one uses to describe one’s own sexuality (e.g. “lesbian,” “gay,” “bisexual,” “straight”). Identity is an individual’s conception of themselves, whereas orientation refers to attractions . xi. Gender identity: An individual’s internal sense of being male, female, neither, or both. It is how a person perceives their own gender, which may or may not align with their sex assigned at birth. INSTRUCTION 2320 Page 7 of 7 Bonneville Joint School District No. 93 Extended Learning Opportunities xii. Gender ideology: Beliefs about gender roles. xiii. Gender conversion therapy: Attempts to change or suppress a person’s gender identity or expression to conform to their sex assigned at birth. E. Sex Education: The study of the anatomy and the physiology of human reproduction. 8. Legal References A. Idaho Code § 33-1608 – Family Life and Sex Education B. Idaho Code § 33-1609 – Definitions C. Idaho Code § 33-1611 – Excusing Children from Instruction D. Idaho Code § 33-1611A – Human Sexuality Instruction Permission E. Idaho Code § 33-1637 – Human Growth and Development Instruction F. Idaho Code § 33-6001 – Parental Rights in Education G. Idaho Code Title 18, Chapter 87 – Abortion Counseling Restrictions 9. Cross References A. Policy 2340 – Controversial Issues and Academic Freedom B. Policy 2341 – Speakers in the Classroom and at School Functions C. Policy 2428 – Parental Rights Adopted: 09-10-25 Reviewed: Revised: