Requiring Permission For Instruction Addressing Human Sexuality

TITLE 33 EDUCATION CHAPTER 16 COURSES OF INSTRUCTION 33-1611A. requiring permission for instruction addressing human sexuality. (1) It is not the intent of the legislature that instruction regarding human sexuality as defined in section 33-1609 , Idaho Code, shall be included or required in Idaho public schools. Prior to any child attending instruction that addresses human sexuality as it is specifically and narrowly defined in section 33-1609 , Idaho Code, regardless of whether such instruction is offered by regular or guest instructors, the school district offering such instruction shall notify parents and legal guardians of children who are eligible to attend such instruction no less than two (2) weeks before the date that such instruction will begin. The school district shall provide the parent or legal guardian with a brief description of the content of the instruction in human sexuality and such parent or legal guardian shall have the opportunity to review any materials that will be used in the instruction. The school district shall not permit any child to attend such instruction unless the parent or legal guardian of such child submits a signed and written permission form to the board of trustees within one (1) week of the commencement of the instruction granting the school district permission to allow the child to attend the instruction. For any child whose parents do not provide the written permission form provided for in this section, alternative educational instruction that furthers the completion of any grade level or graduation requirements and does not address human sexuality as specifically and narrowly defined in section 33-1609 , Idaho Code, shall be provided to such child. (2)  A parent or legal guardian of a child who was provided any instruction addressing human sexuality as specifically and narrowly defined in section 33-1609 , Idaho Code, without the required signed and written permission form shall provide written notice to the board of trustees or its designee that the instruction occurred. In such notice, a parent or legal guardian may: (a)  Provide retroactive permission for the child to receive such instruction; or (b)  Ask the board of trustees for rectification. (3)  Upon receipt of the notice pursuant to subsection (2) of this section, a board of trustees shall file any retroactive permission granted or provide rectification to a parent or legal guardian within thirty (30) days of receipt of such notice. Each board of trustees shall adopt policies and procedures to investigate alleged violations of the provisions of subsection (1) of this section that are reported by a parent or legal guardian to the board of trustees pursuant to the provisions of subsection (2) of this section. Any public school employee that is determined to have violated the provisions of subsection (1) of this section after such investigation may be subject to disciplinary action. If the board fails to provide adequate rectification, the parent or legal guardian who provided the notice pursuant to subsection (2) of this section shall have a cause of action against the board of trustees but only after exhausting all other available remedies. (4)  Any parent or legal guardian of a child who prevails in an action brought under this section may recover actual damages and any other relief available by law, including but not limited to injunctive relief sufficient to prevent the defendant school district board of trustees from violating the requirements of this section.