Sex Education Laws and Public Schools
Sex education is taught in public schools
on topics ranging from abstinence and reproduction to sexual
orientation and sexually transmitted diseases. Sex education is
primarily introduced in grades seven through twelve, although some
schools have addressed sexuality topics as early as the fourth grade.
The following is a primer on sex education
laws and public schools, including the topics typically covered and the
ongoing debate about how sex ed is taught.
State Sex Education Laws
Sex education laws vary greatly among the
states. Most states have laws that address some form of sexual education
in schools, differing between what may or may not be taught and whether a parent may remove their child from certain sexual education programs with which they disagree.
The majority of states allow parents to
remove their child or "opt out" of sexually-related instruction, while
other states require affirmative parental consent for a child to take
sexual education classes or participate in school-based health clinic
services.
Of the states that don't currently have sexual education laws
on the books, sexual education policies can typically be found in
district codes or other education department manuals. Still other states
allow local authorities to decide whether parents may opt-out or
provide consent for a child's participation in sex education classes.
Of the states addressing sex education in schools, topics covered can include:
- Abstinence
- HIV/AIDS and other STD-related information
- Reproduction, including description of the male and female genitalia
- Contraception, including the instruction on the proper use of contraceptive techniques
- Pregnancy and the financial responsibilities of raising a child
- Adoption
- Sexual orientation
Because the laws vary, it's important to check the sex education laws of your particular state and/or school district.
Purpose of Sex Education Laws
Sex education in schools was meant to curb unwanted pregnancies and address public health concerns,
such as teen pregnancy and STDs. Even so, the idea of teaching young
people about sex in schools caused a backlash among those who believed
it was best left to the parents, or who disagreed with the various sex
ed programs implemented in public schools.
State laws tried to address these concerns
by allowing parents to exempt their children from sex education courses
or by including abstinence methods within their curriculum.
Still, some critics argue that state laws
don't always solve the tension between the interests of the state and
the interests of parents in what sex education programs are taught in
public schools. Some have even argued that teaching about the use of
contraceptives (including instruction on the proper use of a condom) may
contribute to a minor's delinquency.
Pros and Cons of Teaching Sex Education in the Schools
There are several arguments for and against
the teaching of sex education in schools. Supporters claim that exposure
to such information, including STDs and the proper use of
contraceptives, lowers teen pregnancy and STD infection rates. They
would also argue that most teenagers are, or will be, sexually active
and that public schools are a proper venue for sex education
particularly for those children who don't have any other exposure to the
topic. As such, supporters typically favor a more comprehensive
approach to sex education.
Opponents of certain sex education programs
in public schools, on the other hand, argue that the parents should have
a say in what is taught to their children, particularly when it comes
to such sensitive topics that could contradict a family's own moral or
religious values. Opponents of certain sex education programs in schools
typically favor a focus on teaching abstinence (waiting to have sex
until marriage or a committed relationship) as the best way to protect
children from the physical and psychological effects of having sex at a young age.
Abstinence-Only Sex Education
Much of the debate today is centered on
whether schools should teach abstinence-only or comprehensive sex
education. Those favoring an abstinence-only approach correctly point
out that abstinence is the only way to prevent pregnancy and STDs with
100 percent certainty and cite to studies showing the benefits of abstinence education. They also point out the emotional complexities that often accompany an active sex life.
However, critics argue that abstinence-only programs fail to prepare those kids who do have sex and point to studies showing that inaccurate or incomplete information about pregnancy and sexually transmitted diseases leads to higher rates of unintended pregnancies and STDs.
Conclusion
Recent polls by various media, health, and
social organizations have concluded that most families support the idea
of teaching sex education in schools to some extent, but that there is
disagreement among the topics that should be covered. Although there are
still pockets of parents who adamantly reject the idea that schools
teach their children anything about sex, there's generally little debate
that some form of sex education should be taught.
Questions About Sex Education Law and Public Schools? Talk to an Attorney
As you can see, sex education in schools can
be controversial, with concerns that certain curricula could contribute
to the delinquency of a minor. This can also come up in the context of a
custody dispute, as it may be one reason why parents disagree on where
the child should go to school. You can learn more about the law and your
rights by contacting an experienced family law attorney in your area.
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