8 states restricted sex ed last year. More could join amid growing parents' rights activism

When Florida passed a 2022 bill prohibiting classroom discussions of sexual orientation and gender identity for children in kindergarten through third grade, it kicked off a trend.

Last year, eight states enacted laws restricting sex education, often targeting LGBTQ+-related discussions in early elementary grades and, in some cases, banning any form of sex education at those levels. Florida, meanwhile, went on to expand what critics call its "Don't Say Gay" law, making it illegal to teach kids about sexual orientation and gender identity until they're in ninth grade and restricting students' use of pronouns to those aligning with the sex they were assigned at birth.

In addition to the new laws targeting LGBTQ+ content, a few restricted information about abortion. Many were advanced by policymakers who argued that such restrictions were key to protecting parental rights.

The new measures across the country represent an 800% jump in restrictive legislation from the year prior, according to the Sexuality Information and Education Council of the United States, an advocacy group that authored a new report documenting the legislative trends.

More states are poised to join this year with bills that find new ways to restrict what students learn about LGBTQ+ relationships. The policies, if enacted, could have serious implications for children. Research has shown that sex education that excludes such instruction can leave LGTBQ+ youth poorly equipped to safely navigate their relationships and sexual health and sets them up for potential mental health challenges as they grow older. 

Which states passed laws restricting sex education?

◾ Arkansas passed two laws limiting sex education, including a far-reaching omnibus measure that prohibits such learning before fifth grade. The second law requires educators to teach kids about adoption and why it’s better than other alternatives to continuing a pregnancy and giving birth, such as abortion. 

◾ Florida passed an expanded version of its “Don’t Say Gay” law implemented last year banning classroom discussion of sexual orientation and gender identity before third grade. The new law bans such conversations and lessons through eighth grade while also limiting them in grades nine to 12 if they aren't "age-appropriate." The law also bans using a student’s preferred pronouns if they’re different from a child’s sex assigned at birth.

◾ Idaho already had an abstinence-only policy, but last year it expanded the definition of sexual activities kids ought to abstain from to any intimate physical contact between individuals that could result in pregnancy, cause them to contract sexually transmitted diseases and infections, or present emotional risks. It also limits sex education content to studying the anatomy and physiology of human reproduction, which means, according to the Sexuality Information and Education Council, it effectively excludes non-heterosexual and nonmarital relationships whose end goal isn't reproduction.

◾ Indiana now prohibits sex education in kindergarten through third grade in a law that also, according to the council, includes a clause that pressures school employees to “out” trans students.

◾ Iowa passed a bill that prohibits teaching children in sixth grade and lower about sexual orientation or gender identity. Lawmakers also got rid of a policy requiring instruction about AIDS and human papillomavirus, or HPV. The new law also restricts access to “sexually explicit” books in libraries. 

◾ Kentuckyenacted a law that bans sex education for students in kindergarten through fifth grade and prohibits the board of education from approving policies that would require teachers to use students’ desired pronouns. 

◾ Mississippi formerly had a policy requiring abstinence-only education that was set to expire. Last year, it passed a provision deleting the expiration date, which the council said means the abstinence-only is now codified in law.

◾ North Dakotaadded a sex education requirement mandating that schools show an ultrasound video and an animation depicting a human’s development from fertilization to birth. The council says this policy “seeks to stigmatize abortion and other pregnancy outcomes.”

'Set them up for failure':Sex education not required in many states where abortion is or will be banned

Advocates: Learning the basics of sex education early on is critical

The National Sex Education Standards, developed by a coalition of groups including the Sexuality Information and Education Council, offers essential criteria schools can use to ensure they are providing high-quality, inclusive and age-appropriate lessons on sex, identity and relationships. 

The council says policies such as those enacted last year in eight states run afoul of those standards. The standards say, for example, that elementary schoolers should learn the basics of reproductive anatomy and puberty, and skills like how to set personal boundaries and access resources from trusted adults. Schools should promote inclusivity and include some content on sexual orientation and gender identity in age-appropriate ways. 

Some conservative groups say such content is inappropriate and discussions about same-sex relationships or gender nonconformity have no place in public school classrooms.  

The council, however, stressed the importance of teaching this content, beginning at a young age. It’s in part a matter of safety, said Michelle Slaybaugh, a veteran sex educator who serves as director of social impact and strategic communications with the council. “Young people need the opportunity to practice the language, to practice being able to articulate their likes and their dislikes when people have crossed boundaries,” she said in a presentation on Tuesday. It teaches kids about healthy practices not only in romantic relationships but also in platonic friendships.

“It’s important for young people to understand … bodily autonomy and consent,” she said.

“When sex education in early childhood is prohibited, kids fail to develop the critical skills needed to have respect for themselves and their peers, which is a foundation for individual growth as well as being positive members of society.”

Comprehensive sex education:Americans are being misled. Here is what the model actually does.

‘Parental rights’ bills return, targeting sex education and books

Sex education bills and related legislation have increasingly been proposed under the mantle of parental rights. These bills are often far-reaching, comprising provisions that call for book restrictions and bans on students being allowed to use their preferred pronouns on campus. 

More than 20 such bills were enacted last year across 14 states. All in all, the 242 bills introduced last year marked a 73% increase from the year prior. 

Measures promoting parental rights were the most common of the bills pre-filed for the 2024 legislative sessions and analyzed by the council. 

The council noted that having those opinions as parents is an important right but one ideological cohort of parents shouldn't hinder schools' ability to provide basic education to students on health, safety and identity issues.

“It’s totally your right as an American citizen – you can absolutely take your child out of (a school) system and put them in a different type of education system,” said Alison Macklin, the policy and advocacy director at the council. “But those parents shouldn’t get to determine what my child learns or what your child learns. My right as a parent does not supersede any other parents’ rights.”

One trend the council anticipates will build momentum this year is parents wanting to control what content kids consume online through social media.

Protecting students' rights

Although there has been a notable uptick in restrictions, the council also documented a movement to protect students’ rights to sex education and related learning. Ten states last year passed laws that enshrine protections on this curriculum. They include laws that require teaching students about dating and sexual violence and healthy relationships.

Also in the aftermath of the 2022 U.S. Supreme Court ruling overturning the constitutional right to an abortion, some states are considering bills that would increase youth access to contraception or other family planning resources.