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TENNESSEE


Tennessee Sexuality Education Law and Policy


Tennessee Code forbids the teaching of any sexuality education class unless it has been approved by the state board of education and the local school board, and is taught by instructors deemed to be qualified by the local school board. Any course in sexuality education must “include presentations encouraging abstinence from sexual intercourse during the teen and pre-teen years.” Violation of this rule is considered a Class C misdemeanor.


The Code also protects sexuality education teachers:


With respect to sex education courses otherwise offered in accordance with the requirements of this subsection, no instructor shall be construed to be in violation of this section for answering in good faith any question, or series of questions, germane and material to the course, asked of the instructor and initiated by a student or students enrolled in the course.


Sexuality education is not required; however, the state code explains that if any county in Tennessee has pregnancy rates higher than 19.5 pregnancies per 1,000 females ages 15–17, then every school district in that county must implement family life education in accordance with curriculum guidelines provided by the state board of education. This education must emphasize abstinence-until-marriage and must include HIV/AIDS- and sexually transmitted disease (STD)-prevention.


According to Tennessee Code, if a sexuality education program is developed in any school district, “in developing the plan, the state board shall consider such programs and materials as Sex Respect, Teen-Aid, and the 3-R Project of the South Carolina departments of education and health.” The state also recommends a plan for curriculum development, which includes building community and parental support for family life education. Schools must hold at least one public hearing. If, upon implementation of family life education in a school district, more than 50 parents or guardians with children enrolled in the school district complain about the program, the state department of education must audit the school district “for the purpose of evaluating the quality and effectiveness of the plan of family life instruction.” The state department of education must then recommend how to make the instruction more effective and how to build parental and community support for the program.


School districts may use health care professionals and social workers to assist in family life education. Such instructors must be individuals “upright of character and of good public standing.”


Family life education must be taught for four years after the release of the initial teen pregnancy rates. If the school district fails to implement family life education, then the county must do so. If the school board does not implement family life education, the commissioner of education for the state is instructed to withhold state funding.


According to Tennessee law, HIV/AIDS-prevention courses may not be required for graduation. In addition, all instruction and materials related to HIV/AIDS prevention must place “primary emphasis on abstinence from premarital intimacy and on the avoidance of drug abuse in controlling the spread of AIDS.”


Tennessee Code allows students to be removed from sexuality education classes upon written request of their parent or guardian. This is referred to as an “opt-out” policy.


See Tennessee Code Sections 49-6-1005, 49-6-1008, 49-6-1301, 49-6-1302, and 49-6-1303.