SB 239 — AN ACT relating to children.

Summary

Amend KRS 158.1415 to remove provisions related to parental rights and courses, curriculums, or programs on human sexuality; provide for a process for parents to opt out of their child receiving instruction on the subject of human sexuality; amend KRS 158.191 to remove language limiting Kentucky Board of Education or Department of Education policies regarding student confidential information and the use of pronouns; require a local school district to use pronouns for students upon a request from a parent along with a note from a medical provider diagnosing the child with gender dysphoria; remove language concerning parental consent for well-being questionnaires or assessments or a health screening; amend KRS 158.189 to make findings about children and young adults desiring individual privacy; require a school to provide an accommodation to any student who requests an area of individual privacy in restrooms, locker rooms, and shower rooms, regardless of biological sex or gender identity; require school officials to provide an accommodation for individual privacy for children whose gender is different from his or her biological sex and who have a note from a medical provider diagnosing the child with gender dysphoria; permit alternate accommodations upon the parent's request; amend KRS 311.372 to prohibit surgical or medical treatment of a child under the age of 18 years for gender dysphoria, and any nonsurgical medical treatment without the consent of the child's parent or legal guardian; require that the provision of nonsurgical medical treatment to a child under the age of 18 years apply only to a child with a medical diagnosis from a mental health care provider and by a trained and experienced health care provider in collaboration with a clinical psychologist or psychiatrist using only appropriate nonsurgical medical treatments approved by the United States Food and Drug Administration for adolescents and that meet evidence-based medical standards.

Bill Text

• Introduced View text Current pdf

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends existing laws to modify parental notification and consent requirements regarding human sexuality and mental health services in schools.

• KRS 158.1415

  A policy to respect parental rights by ensuring that: 1. Except as provided in subsection (4)(b) of this section, children in grade five (5) and below do not receive any instruction through curriculum or programs on human sexuality or sexually transmitted diseases; or 2. Any child, regardless of grade level, enrolled in the district does not receive any instruction or presentation that has a goal or purpose of students studying or exploring gender identity, gender expression, or sexual orientation;

  This change removes specific prohibitions on instruction about gender identity, expression, or sexual orientation for children of any grade level.

• KRS 158.1415

  in advance and obtain the parent's written consent → The notice shall inform the parent of how to opt their child out of the instruction.

  This change modifies the consent process to allow parents to opt out of instruction rather than requiring written consent prior to instruction.

• KRS 158.1415

  not provided written consent as required in subsection (1)(e) of this section → opted their child out of instruction in accordance with subsection (1)(d) of this section

  This change rephrases the alternative course provision to focus on the opt-out process instead of written consent.

• KRS 158.1415

  provide written consent for the student's participation in the course, curriculum, or program → opt out of for the student's participation in the course, curriculum, or program

  This change clarifies that parental communication involves opting out instead of providing consent for participation.

• KRS 158.191

  [Except as provided in subsection (5) of this section, ]

  This change removes a conditional clause regarding prior consent notifications.

• KRS 158.191

  The Kentucky Board of Education or the Kentucky Department of Education shall not require or recommend policies or procedures for the use of pronouns that do not conform to a student's biological sex as indicated on the student's original, unedited birth certificate issued at the time of birth pursuant to KRS 156.070(2)(g)2.

  This change removes the prohibition on policies regarding the use of pronouns that do not align with a student's biological sex.

• KRS 158.191

  request not require → request

  This change relaxes the obligation to require that gender-appropriate pronouns be used based on parental requests.

Action History

1. February 24, 2026

   to Committee on Committees (S)

2. February 24, 2026

   introduced in Senate

Sponsors

• Gerald A. Neal · Primary
• Keturah J. Herron · Primary
• Gary Clemons · Primary
• Karen Berg · Primary

Subjects