The revisions from the MTSBA and the focus on SB 99 more than a year after it went into effect in 2021 comes as a neighboring school district grapples with the scope of the law and potential legal action against teachers led by a group of parents, said Superintendent Casey Bertram. He declined to name the district.

“It’s predominantly due to the questions around the bill that are bubbling up around the state,” Bertram said in an interview Tuesday. “(MTSBA) wanted to make sure districts were aware of the bill and the broad definition of human sexuality in the bill.”

Parental rights advocates have said laws like SB 99 are meant to protect their children from material that goes against their beliefs and ensures parents have a say in their children’s education.

Livingston Public Schools dealt with complaints from parents over an LGBTQ presentation from a librarian in May.

The Bozeman School District has historically provided notice to parents for the traditional sexual education or human development courses that happen around fourth and fifth grades and then in middle and high school health enhancement courses.

The district was aware of SB 99 as it related to annual notice and 48-hour notice to parents but hadn’t considered the implications of the broadened definition of human sexuality in the law, Bertram said.

Human sexuality education is defined in the law as including “intimate relationships, human sexual anatomy, sexual reproduction, sexually transmitted infections, sexual acts, sexual orientation, gender identity, abstinence, contraception, or reproductive rights and responsibilities.”

Since the definition includes things like sexual orientation, gender identity and reproductive rights, it opens the door for a lot of other content areas and courses that wouldn’t normally come to mind when considering human sexuality, Bertram said.

As an example, Bertram said part of the AP Government course curriculum includes a U.S. Supreme Court unit around Roe v. Wade. Under SB 99, the district now needs to provide parental notice for that course and curriculum, he said.

“The bill isn’t very clear, and the definition is very broad so we’re having lots of conversations on what would require 48 hours and annual notice and what would not,” he said. “There’s no clear-cut list of courses that would be tied to the implications of Senate Bill 99.”

Bertram said the district is doing an audit of its courses and content as it determines what would fall under the new definition. Both guidance to teachers and an annual notice of human sexuality content per SB 99’s definition could go out to parents by Friday, he said.

The annual notice letters will detail the courses where human sexuality content is taught and remind parents they have the option to opt out and review the materials.

Bertram said he’s heard concerns from teachers and administrative teams. The district is consulting with other large districts in the state to create templates for annual and 48-hour notices and guidance to teachers.

For example, Bertram said, if an AP English teacher realizes a novel the class will study in the next unit has content considered human sexuality instruction under SB 99 but it wasn’t included in the annual notice to parents, the district guidance will walk them through how to give 48-hour notice.

During Monday’s board meeting, Bertram said the district was still working out what excusing a student would look like in terms of class credit and grading.

When asked how a teacher should handle a situation where a human sexuality topic pops up organically in a class discussion, Bertram said there’s a fine line between honoring the student who brought it up and also following the law.

The district guidance will outline how a teacher should acknowledge the student who raised the topic, mention it sounds like something that is important for the class to discuss but would require a notice to parents before moving forward.

That’s where a lot of teacher frustration is coming from, Bertram said.

“It feels like censorship, to be honest,” he said.

The law doesn’t acknowledge teachers as professional educators who are equipped to handle those kinds of topics with care, Bertram said.

SB 99 also has implications for longstanding health care partners with the district, including providers like Bozeman Health and Bridgercare. The district has previously used human sexuality educators and a peer educator model from Bridgercare in some of its health enhancement courses.

The law doesn’t allow for district instruction or course materials from health care providers or affiliates that offer abortion services. Like the definition of human sexuality, the language around abortion provider or an affiliate of an abortion provider is blurry in the law, Bertram said.

The district has received legal guidance that says if a health care provider refers a patient to an abortion provider it could be construed as an affiliate of an agency under SB 99. Similarly, if a hospital provided an emergency D & C — a procedure that removes tissue from the uterus and is commonly used in cases of miscarriage — it could be construed as providing abortion services.

Since SB 99 went into effect, the district has paused its relationship with Bridgercare, which does not provide abortion services, and has focused on using its own teachers and staff to deliver its traditional sex education curriculum.

In a statement to the Chronicle on Wednesday, Executive Director Stephanie McDowell said Bridgercare does not consider itself affiliated with an abortion provider per its own legal interpretation. 

“We strongly disagree with the Bozeman School District’s interpretation of SB 99,” McDowell said. “Bridgercare can and does provide sex ed within the confines of SB 99 – in many cases helping schools and school districts remain compliant with the new law.”

McDowell said despite the additional challenges that SB 99 presents, Bridgercare will continue to operate within the bounds of the law and provide high quality, age-appropriate sex ed to young people.

Following the unanimous vote Monday, both trustees Tanya Reinhardt and Lei-Anna Bertelsen voiced their concern with having to vote yes on the policy.

Reinhardt said she voted for it because she didn’t have a choice.

“If we have an opportunity to voice our concerns as Senate Bill 99 makes its way through the court system, I would encourage all of us that believe in public education and in the credibility of our teachers to make sure our voices our heard,” she said. “This is not a vote I feel good about at all.”

Bertelsen echoed Reinhardt in saying it would be wise to stay on top of what was happening with SB 99.

“I think this is another example of trusting our teachers and the credibility of our public schools. So, I’m not sitting easy with this,” Bertelsen said.

In an emailed response to questions, Bozeman Education Association President Tami Phillippi said Bozeman teachers are professionals and will follow both the law and the adopted policies. She said many teachers have already been giving notice to parents around topics when appropriate.

“I believe teachers know their content and their instructional timelines and they will continue to provide annual notice of topics mentioned in SB 99,” she said. “Teachers are constantly trying to meet the needs of all their students, this is just another thing to consider.”

With the broad definition of the human sexuality, Bertram said it was likely it would be clarified through the court system or the upcoming legislative session.

School districts around the state are working to make sense of SB 99 to ensure they are in compliance with the state law while also supporting their educators, he said.

“We have a fantastic group of professional educators that are trustworthy and do right by children and fully intend to comply with the rules and regulations in Senate Bill 99 and that compliance is messy right now due to the vague nature and the broad meaning of human sexuality instruction,” Bertram said. “It’s causing a lot of work and time for our education team that should be focused on kids right now.”

This story has been updated to include a statement from Bridgercare.