2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 13 - FAMILY LIFE CURRICULUM (§§ 49-6-1301 — 49-6-1308) › Section 49-6-1308 - Notification of instruction of orientation curriculum or gender identity curriculum - Written request for excusal from curriculum

(a)
Not less than thirty (30) days prior to commencing instruction of a sexual orientation curriculum or gender identity curriculum, regardless of whether the curriculum is offered as part of a family life program, sex education program, or other program, each LEA or public charter school shall notify the parent or guardian of each student whom the LEA or charter school anticipates will be present for instruction in the curriculum that:
(1)
The LEA or charter school is providing a sexual orientation curriculum or gender identity curriculum; and
(2)
The parent or guardian may examine the instructional materials and confer with the student's instructor, school counselor, or principal, as designated by the LEA or public charter school, regarding any or all portions of the curriculum.
(b)
(1)
A student's parent or legal guardian, or the student if the student is at least eighteen (18) years of age, must provide a written, informed, and voluntarily signed consent to the student's LEA or public charter school for the student to receive instruction of a sexual orientation curriculum or gender identity curriculum. A student's parent or legal guardian, or the student if the student is at least eighteen (18) years of age, may withdraw the parent's, legal guardian's, or student's consent at any time before the student receives instruction of a sexual orientation curriculum or gender identity curriculum.
(2)
If a student's parent or legal guardian, or the student if the student is at least eighteen (18) years of age, does not consent to the student receiving instruction of a sexual orientation curriculum or gender identity curriculum, then the student is excused from receiving instruction of a sexual orientation curriculum or gender identity curriculum and shall not be penalized for grading purposes by the student's LEA or public charter school.
(c)
An LEA or public charter school is not required to notify a student's parent or guardian prior to a teacher, principal, or other school personnel:
(1)
Responding to a question from a student during class regarding sexual orientation or gender identity as it relates to any topic of instruction; or
(2)
Referring to the sexual orientation or gender identity of any historic person, group, or public figure, where the referral provides necessary context in relation to a topic of instruction.
(d)
An LEA or public charter school is not required to provide a sexual orientation curriculum or gender identity curriculum.
(e)
As used in this section "instruction of a sexual orientation curriculum or gender identity curriculum" includes distributing materials, administering tests, surveys, or questionnaires, or instruction of any kind related to sexual orientation or gender identity.
Amended by 2023 Tenn. Acts, ch. 353,s 3, eff. 7/1/2023.
Added by 2021 Tenn. Acts, ch. 281, s 1, eff. 5/3/2021.