(1) As used in this section:
(a)
(i) "Sex education instruction" means any course material, unit, class, lesson, activity, or presentation that, as the focus of the discussion, provides instruction or information to a student about:
(A) sexual abstinence;
(B) human sexuality;
(C) human reproduction;
(D) reproductive anatomy;
(E) physiology;
(F) pregnancy;
(G) marriage;
(H) childbirth;
(I) parenthood;
(J) contraception;
(K) HIV/AIDS;
(L) sexually transmitted diseases; or
(M) refusal skills, as defined in Section 53G-10-402.
(ii) "Sex education instruction" does not include child sexual abuse prevention instruction described in Section 53G-9-207.
(b) "School" means the same as that term is defined in Section 53G-10-205.
(2) A school shall obtain prior written consent from a student's parent before the school may provide sex education instruction to the student.
(3) If a student's parent chooses not to have the student participate in sex education instruction, a school shall:
(a) waive the requirement for the student to participate in the sex education instruction; or
(b) provide the student with a reasonable alternative to the sex education instruction requirement.
(4) In cooperation with the student's teacher or school, a parent shall take responsibility for the parent's student's sex education instruction if a school:
(a) waives the student's sex education instruction requirement in Subsection (3)(a); or
(b) provides the student with a reasonable alternative to the sex education instruction requirement described in Subsection (3)(b).
(5) A student's academic or citizenship performance may not be penalized if the student's parent chooses not to have the student participate in sex education instruction as described in Subsection (3).