Does the New Sex Education Law Apply to My Curriculum?

During the 2019 session, the Colorado legislature passed HB 19-1032, a sweeping bill that requires school districts and charter schools to include a host of specific content requirements in any course that includes “human sexuality instruction.” See C.R.S. 22-1-128(4). HB 1032 did not require the inclusion of human sexuality instruction, but once the district or school chooses to offer such a course, the content requirements are triggered. 

Many charter schools and charter school advocates have wondered whether a waiver from HB 1032 is possible. The answer is not black and white. The law does not allow a waiver of the specific content requirements; however, it does not foreclose on a charter school’s ability to seek a waiver from the law overall.

Recently, a Colorado charter school requested such a waiver. Somewhat surprisingly, the State Board of Education approved the waiver, but the rationale for the waiver may not be what you think. Essentially the school argued that the definition of “human sexuality instruction” was so broad that its classical curriculum could get swept in even though the school does not teach any type of sex education or health class that the law—properly interpreted—contemplates.

While the State Board approved the waiver, members in opposition strongly opposed it on the grounds that it was not necessary based on the school’s curriculum. There is certainly no guarantee that the State Board will approve another waiver from HB 1032, but the discussion was informative for charter schools that are wrestling with the question of whether the new law applies to their curriculum. If you have any questions about the implementation of the law at your school, feel free to reach out. We would be happy to advise.