Summary of Parental Opt-Out Rights for Sex Education in Colorado
In Colorado, if districts are going to teach sexual education, they are required to first inform parents about what they will teach so that parents can choose to keep their children out of those classes. Parents can opt children out of entire sexual education courses, or they can get more information about the topics that will be covered and keep their children out of only some of those lessons.
Pacific Justice Institute has developed a Question and Answer Sheet which includes detailed information taken directly from the statutes themselves. Fill out the form below to access this informational sheet that will clear up much of the confusion you may have.
QUICK Q&A ON SEX ED LAWS
Q: Is sex education now mandated for kindergarten or elementary grades?
A: Absolutely not!
Q: Do parents in Colorado still have the right to opt their children out of sex education?
A: Absolutely!
Q: Can my child be punished if I opt them out of sex ed?
A: No, that would be illegal.
Q: What notice is required to be given to parents about sex education?
A: The notice provisions are detailed and set forth below.
Q: Did the Legislature intend for teachers to replace parents in teaching kids about sex?
A: No.
Q: Can sex education still promote abstinence?
A: Yes. In fact, sex ed that does not highlight abstinence would be non-compliant.
Q: Can a school choose not to promote Planned Parenthood?
A: Yes.
Q: Can I opt my child out of LGBT discussions?
A: In Colorado, while LGBT communities are presented as part of sex ed, you can always opt out of such discussions.
Q: Can a teacher ask my child sex-related questions without my knowledge or consent?
A: No.
Q: What is required to be included as part of comprehensive sex education?
A: The list is fairly long but is included below.
Q: How is it determined what is “age appropriate” instruction?
A: This phrase is defined by statute.
DETAILED ANSWERS ON SEX ED
Q: Is sex education now mandated for kindergarten or elementary grades?
A: Absolutely not!
The House Bill 19-1032, in Section 2 (11), provides that sexual education “shall not apply to students in kindergarten through third grade.”
Colorado law requires that any sexual education be age appropriate. As an example from the state’s standards which help guide that, fifth graders learn about human anatomy and puberty, while high school students learn about sexually transmitted diseases and how to avoid unwanted pregnancy.
Q: Do parents in Colorado still have the right to opt their children out of sex education?
A: Absolutely!
CRS 22-1-128 requires prior written notice to the parents with a detailed, substantive outline of the topics and materials to be presented in the portion of the curriculum that concerns human sexuality.
Q: Can my child be punished if I opt them out of sex ed?
A: No, that would be illegal.
House Bill 19-1032, which was passed in 2019, leaves intact districts’ ability to decide whether to offer sex education and parents’ option to opt out. CRS 22-1-128(3)(a) specifically states that no “penalty or additional assignment” will be imposed on students who opt out of sex ed.
