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Sex Ed Was in Trouble Before Roe Reversal. Now the Curriculum Matters Even More

Proposals to restrict sex ed coincide with abortion restrictions and a movement to stop educators from discussing gender and sexual orientation

An instructor leads a classroom discussion at the Xavier Academy in Houston, Texas in August 2021. (Brandon Bell/Getty Images)

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What students learn in sex ed has taken on new urgency following the Supreme Court鈥檚 decision in June to reverse Roe v. Wade, leaving abortion access up to the states. And as the Texas Republican Party takes aim at what kids learn in school, that dynamic is front and center for many advocates.

Research indicates that comprehensive sexual education leads teens to  Most states, however, do not require schools to teach comprehensive sex ed, and new policy proposals and legislation in some states may limit the curricula already offered to students.

The , released last week, would ban鈥渢eaching of sex education, sexual health, or sexual choice or identity in any public school鈥 and enforce policies embraced by anti-abortion movements, such as having students observe live ultrasounds and requiring schools to teach that life begins at fertilization. Students would also have to read a booklet that contained medically false risks about abortion.

Gaps in sex ed instruction in Texas and around the country could have life-changing impacts for students. This includes sexually transmitted infections and unplanned pregnancies they can鈥檛 legally terminate that make them vulnerable to . 

鈥淧rograms that don鈥檛 include high quality, inclusive sex ed are really harmful to young people,鈥 said Gillian Sealy, chief of staff at Power to Decide, the campaign to prevent unplanned pregnancy. 鈥淲e anticipate that [the Supreme Court] ruling will have a negative impact on young people. We really want young people to be able to finish school; we want them to get an education.鈥 

While elected officials don鈥檛 have to implement their parties鈥 platforms, Republican lawmakers in Texas could attempt to reframe the curriculum based on the newly released GOP agenda, sex ed proponents contend.

鈥淚t鈥檚 absolutely possible,鈥 said Elizabethe Payne, a former Houston teacher and the founder and director of the Queering Education Research Institute, which works to create LGBTQ+ youth-affirming schools. 鈥淭exas education policy has always been impacted by the conservative right. These ideas all have been percolating for a number of decades in the state.鈥  

Representatives for Texas Gov. Greg Abbott did not respond to The 19th鈥檚 request for comment about the state鈥檚 plans for sex ed. Texas currently offers a sex ed curriculum, but it does not require instruction to be medically accurate, stresses abstinence, does not discuss consent and frames homosexuality negatively. Rather than opt their children out of sex ed instruction, Texas families must opt them in, a setup that sex ed advocates say will result in too few students taking such classes.

Comprehensive sex ed includes lessons on sexual behavior and sexual health as well as on human development and healthy relationships, according to the Guttmacher Institute. In comprehensive sex ed, instructional materials are medically accurate, LGBTQ+ inclusive and age appropriate. Most students nationally do not receive sex ed that鈥檚 this exhaustive, and the information they do receive depends largely on the state where they live.  

鈥淲hat鈥檚 being delivered in classrooms around the country is a patchwork of policy and practice,鈥 said Diana Thu-Thao Rhodes, vice president of policy, partnerships and organizing for Advocates for Youth, a nonprofit that promotes adolescent sexual health programs and policies. 鈥淎ll 50 states have varying different sex education requirements, if at all, and much of that power is then given to local school districts that also vary from district to district.鈥

While the District of Columbia and , only 17 states mandate that the material covered be medically accurate. Just D.C. and 20 states require schools to teach students about contraception. Twenty-nine states mandate schools to emphasize abstinence in contrast to comprehensive sex ed, which characterizes sex as a normal part of life. 

Advocates for comprehensive sex ed say that the push for lessons with an anti-abortion bent intersects with the national movement to prevent educators from discussing issues such as race, gender identity and sexual orientation. 

鈥淣ow, because of the recent Supreme Court decision, teachers and educators are already facing concerns about what they are allowed to teach, and what they are able to discuss in classrooms,鈥 Thu-Thao Rhodes said. 鈥淭hat goes beyond the recent Supreme Court decision to the fact that schools have become the center of the culture wars across the board, whether it is around , whether it is around LGBT inclusion, whether it is critical race theory.鈥 

Limiting access to abortion exacerbates existing concerns about sexual health instruction in Texas, Thu-Thao added. In the months before the high court鈥檚 ruling, Texas took steps to  and has now implemented a functional total ban.

Texas ranks  ages 15 to 19, according to 2019 statistics from the Centers for Disease Control and Prevention, the most recent available. In 2005, Texas, along with New Mexico, had the nation鈥檚 highest teen pregnancy rate. That year, almost 62 births occurred per 1,000 Texas teens ages 15 to 19, but the teen pregnancy rate fell by more than 60 percent by 2019. Although this is a dramatic improvement, one that many attribute to efforts to teach kids about their reproductive health, the Texas teen pregnancy rate (22.4 per 1,000 teens) remains significantly higher than the national teen birth rate (16.7 per 1,000), which has been declining since 1991. The state still ranks .

鈥淲e鈥檝e done such a good job bringing [teen pregnancy] rates down,鈥 Sealy said. 鈥淎nd it seems as though we鈥檙e moving backward, where we could possibly see those rates increase, especially among communities of color and rural communities, where there鈥檚 economic disadvantages.鈥

Should the Texas GOP platform become a reality in the state, experts fear that unplanned pregnancies among teens could raise the high school dropout rate. About . Public schools often lack the funding and wraparound services needed to truly give pregnant and parenting teens the support they need, Sealy said. School districts are unlikely to have the resources to respond to an uptick in teen pregnancies that stem from abortion restrictions at the state and federal level. That鈥檚 why teens need access to contraception, Sealy said, but sex ed programs that exclude information about contraception and school health centers and insurance plans that don鈥檛 cover contraception both pose barriers. 

鈥淚f you鈥檙e in the Children鈥檚 Health Insurance Program, Texas is one of only two states that does not reimburse for contraceptives,鈥 said Texas Rep. Donna Howard, a Democrat. She added that the barriers teens in the state face don鈥檛 end there. 鈥淚f you are a teen, you can consent for health care decisions about your baby, but you cannot cannot consent for yourself if you鈥檙e a minor. You cannot get contraceptives without parental consent even if you鈥檙e already a parent.鈥

Teen pregnancies have ripple effects that touch the next generation. Not only are themselves, they also have increased odds of entering the child welfare and criminal justice systems, dropping out of school and facing joblessness as adults. Howard is particularly concerned about the impact a lack of sex ed and abortion access will have on vulnerable teens such as those in foster care, who have higher rates of pregnancy than their peers outside the system.

鈥淪ome of these kids are in a foster care situation where they have their babies with them, but a lot of times the baby is placed in a separate foster care home,鈥 Howard said. 鈥淭hey鈥檙e not even kept together. It鈥檚 a tragic kind of situation.鈥

Howard would like to see Texas youth receive long-acting reversible contraception. In Colorado, teens and young people received intrauterine devices and implants through the state鈥檚 family planning initiative, which a private donor funded in 2008. The initiative led to . In addition, births to women without a high school education fell 38 percent and repeat teen pregnancies fell by 57 percent. 

Now that Roe has been overturned, scholars affiliated with the Johns Hopkins Center for Adolescent Health have joined the . They want district leaders to allow school-based health centers to provide contraception to students and schools to exclusively use comprehensive sex ed programs. 

Payne said that schools should also consider sidestepping mandates about what they鈥檙e permitted to teach by bringing in advocacy groups to provide medically accurate sex ed information. These groups may offer opportunities for students to get involved outside of school. Planned Parenthood of Greater Texas, for example, has a  in which they engage in peer-to-peer outreach on issues such as sexually transmitted infections, dating violence and pregnancy prevention.

But school will continue to play a major role in what the bulk of students learn about their sexual health. That鈥檚 why the Texas GOP鈥檚 new platform planks worry Howard, who questions if they鈥檙e scientifically sound. When life begins is far from settled. She cited Texas鈥 , one of a handful of laws across the nation known as 鈥渉eartbeat bills鈥 because they prohibit abortion after six weeks, the point at which their supporters argue that a fetal heartbeat can be detected. 

鈥淭here is no heart at that point in time,鈥 Howard said. 鈥淭here are only cells that emit electrical activity that can be picked up by a Doppler machine and translate it into the sound of a heartbeat.鈥

She added that she has no problem with students learning about all aspects of pregnancy, but she fears that the GOP wants to use ultrasounds to perpetuate 鈥渕ythological ideas.鈥

Texas GOP spokesperson James Wesolek told The 19th that the party would not 鈥渙ffer any further comment on the platform beyond what was said in our ,鈥 which explains the procedures the party uses to vote and adopt its policy proposals.  

The quality of sex ed, Payne said, is not just a Texas issue. She pointed out that in New York, where she now lives, sex ed is not mandated, materials are often outdated or include gender stereotyping that frame girls as the gatekeepers of sexual activity. 

鈥淚t鈥檚 really important for us to be aware that the lack of sex education is a nationwide problem,鈥 Payne said. 鈥淓ven if you鈥檙e educating students in a state where abortion is still accessible, that does not mean that those young people are going to go to college in that state or they鈥檙e going to grow up and find jobs in that state.鈥

Proponents of comprehensive sex ed are also concerned about the impact that Florida鈥檚 鈥淒on鈥檛 Say Gay鈥 law will have on sex education. That law took effect July 1, and it prohibits educators from teaching lessons about sexuality or gender identity to students in grades K-3 or to older students in a manner that would not be age appropriate. 

Payne said that this law and Roe鈥檚 reversal could have grave consequences for queer youth.

鈥淚t is important to know that  as their sexually active straight counterparts to be involved in an unplanned pregnancy, and this includes gay boys,鈥 she said. 鈥淎bortion is a queer issue. 鈥 We can only imagine that the outcome is also going to be disproportionate on queer kids when they can鈥檛 access the kinds of health care they need.鈥

Just 12 states and D.C. require sex ed that includes the LGBTQ+ community, even though . Critics of Don鈥檛 Say Gay say that it is written intentionally broadly and reports have already circulated that LGBTQ+ educators have removed pictures of their partners for fear of violating the legislation and facing disciplinary or legal action. The law will inevitably affect what educators feel they can discuss in sex education, sex ed advocates said. Even before its enactment, Florida was one of just four states, including Texas, Louisiana and Mississippi, to require . 

This does a disservice to young people, according to Thu-Thao Rhodes. She said they deserve and need access to a full range of information about their reproductive and sexual health to make healthy decisions. 

鈥淎nd what we鈥檙e seeing is law after law about what can be discussed in classrooms impacting their sexual health education and also their ability to affirm their identities and create safe and supportive environments in schools,鈥 she said.

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