A Montana law requiring public schools to notify parents of lessons that mention human sexuality 鈥 and allowing parents to pull their children from those lessons 鈥 has reached further and been more cumbersome than anticipated, according to two school district leaders.
School districts across the state consulting with attorneys and retooling their policies to ensure they are in compliance with the law passed in 2021. requires parents to be notified at least 48 hours in advance about lessons related to sexual education, as well as other topics, including anatomy, intimate relationships, sexual orientation, gender identity, contraception, and reproductive rights.
Because of the law鈥檚 broad scope, some schools have decided to notify parents about topics that may not be obviously related to human sexuality. In Billings, for example, school administrators of high school students at the beginning of the school year that flagged literary works such as 鈥淭he Great Gatsby鈥 and 鈥淩omeo and Juliet鈥 because they describe intimate relationships. History and U.S. government lessons involving civil rights and certain U.S. Supreme Court cases are on the list. So, too, are biology classes that involve sexual reproduction 鈥 even nonhuman reproduction.
鈥淔rankly, it鈥檚 a pain to have to send out notices to parents of students in courses like biology where there may be a lesson taught on genetics because the lesson mentions testes, ovaries, sperm, egg, fertilization, etc.,鈥 said Micah Hill, superintendent of the Kalispell school district.
State Sen. Cary Smith (R-Billings), who sponsored the bill, did not respond to requests for comment on how the law was affecting schools. Before the state Senate voted on the bill in 2021, Smith said the law was needed because today鈥檚 comprehensive sexual education encompasses much more than just biology and anatomy.
鈥淭his type of sex education deals with a lot of other issues, such as feelings, what鈥檚 normal, what isn鈥檛 normal, and a lot of times those teachings conflict with what we try to teach our children at home and in our churches,鈥 he said.
The Kalispell school district determined that the law applied to health classes; science lessons that involve anatomy, genetics, or reproduction; advanced psychology courses whose curriculum includes human development; certain social sciences classes; and many more.
鈥淭here really is no end to what might be considered given the broad definition that came out of the state legislature,鈥 Hill said.
Hill said that Kalispell schools and teachers send the notifications and that he did not have the number sent so far this school year. 鈥淚 don鈥檛 track where teachers are at in their curriculum pacing, so if it hasn鈥檛 happened, it is probably a matter of time,鈥 he said.
No school district has announced changes to their curricula as a result of SB 99. Local school boards generally set school curricula through a public process in which community members are invited to offer feedback. Schools also rely heavily on the set by the statewide education agency, the Montana Office of Public Instruction.
Also in response to SB 99, schools are consulting with attorneys and combing through material for any mention of the topics that fall under the law鈥檚 definition of human sexuality.
Teachers must not only work with administrators and legal teams to determine which lessons might trigger notification under SB 99 but must also be careful that classroom discussions don鈥檛 stray into areas that require notification if none has been given.
鈥淥n the teacher side of this, it feels like an unnecessary layer of bureaucracy and overreach by the state to insert itself into locally controlled and elected school boards,鈥 Hill said.
Smith said during the 2021 debate that the measure does not tell schools what they can teach. 鈥淲e鈥檙e just telling them to let us know as parents and grandparents what is being taught so we can decide if we want our children to participate in those courses,鈥 he said.
Missoula County Public Schools Interim Superintendent Russ Lodge said the district has sent parental notifications since the beginning of the school year. But he could not say how many or provide examples because he is not directly involved in the individual schools鈥 process. He said he wants his district, like Billings, to eventually include all subject matter that falls under SB 99鈥檚 notification requirement in a district-wide letter sent out every August.
鈥淲hoever wrote it obviously broadened the definition out on purpose, and it covers a lot of ground,鈥 he said.
Aside from the law鈥檚 effects on seemingly tangential subjects, critics said SB 99 threatens to stifle important classroom discussions on sexual health, gender identity, and personal development. Critics also said it could reduce the number of students who learn about contraception 鈥 knowledge that has to help reduce rates of teen pregnancy 鈥 and about LGBTQ+ rights. The law could also discourage teachers from including certain subjects in their lessons or hinder their ability to respond freely to questions or comments from students, the critics said.
Montana鈥檚 education department 鈥渞eflect the values of the community鈥 and be abstinence-based and age-appropriate.
Pamela Kohler, an associate professor of global health at the University of Washington, said that 鈥渙verwhelmingly shows that abstinence-only education is not effective at preventing sexual activity or pregnancy鈥 and that 鈥渕any of those at highest risk for unwanted pregnancy and STDs receive no or inadequate sex education.鈥
More than 40% of Montana high schoolers have had sex, according to the 2021 , and just under half of them are not using condoms regularly, which raises their risk of becoming pregnant and developing sexually transmitted diseases. found that more than 80% of students did not know basic information about HIV transmission and prevention.
Failing to teach about gender identity, sexual health, intimacy, and other elements of human sexuality means young people may have trouble finding accurate information, said Michelle Slaybaugh, director of social impact and strategic communications for SIECUS, an organization that advocates for comprehensive sexual education. And it makes students grappling with their sexual or gender identity more vulnerable, Slaybaugh added.
鈥淩elationships and sexuality education has been proven to keep young people safer from bullying, help manage their feelings, concentrate in school, and develop the long-lasting skills they need to have healthy, strong relationships,鈥 Slaybaugh said.
SB 99 also prohibits people who work at a clinic or organization that provides abortions from speaking or teaching at schools across the state, even if their lesson has nothing to do with abortion. That stipulation may have led to the termination of at least one long-standing relationship between a school district and a provider.
Bridgercare, a nonprofit reproductive health organization based in Bozeman that this year beat out the state health department for family planning, had partnered with Bozeman Public Schools for 25 years to provide comprehensive sexual education to students. The organization, which does not provide abortions, has not been invited to provide instruction to Bozeman campuses this school year, according to Bridgercare officials.
The Bozeman school district鈥檚 superintendent, Casey Bertram, declined to be interviewed about the law and Bridgercare鈥檚 ties to the district.
鈥淲hether parents like it or not, teens are navigating the challenges of adolescence and all of the emotional challenges that can bring,鈥 said Cami Armijo-Grover, Bridgercare鈥檚 education director. 鈥淭he best thing we can do for our kids is to educate them on how their bodies work and give them tools to navigate the feelings and challenges that come with puberty and relationships.鈥
