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MONTANA


Montana Sexuality Education Law and Policy


Montana's public education system is supervised by the Montana Board of Public Education, which sets standards for curricula in public schools. According to the Montana Office of Public Instruction, the Board of Public Education requires a “health enhancement” program, one component of which is sexuality education, including information about HIV/AIDS. The Board of Public Education also has a position statement that states, “all Montana school districts are strongly encouraged to develop appropriate communicable disease policies that specifically include HIV and AIDS, and which address age-appropriate education, rights and accommodations of students and staff who are infected, and safety procedures.”


Due to the autonomous nature of Montana school districts, standards for the sexuality education portion of the health enhancement program are not defined. Furthermore, there is no oversight of what is being taught or who is teaching these classes. As long as schools believe that they are meeting the requirements, the Montana Board of Public Education considers them fulfilled.


Parents and/or guardians must receive notification that their child will be attending the “health enhancement” programs. Each school district sets its own procedures for how a parent or guardian can excuse a child from a class. This is referred to as an “opt-out” policy. However, if a parent or guardian does choose to remove his/her child from class, he/she must agree to provide alternative instruction.


See Montana Administrative Rules 10.54.7011, 7012 and 7013, 10.54.2501, and 10.55.905 and Montana Board of Public Education's Position Statement on HIV/AIDS.