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AB 205

Revises provisions governing sexual education. (BDR 34-597)

2025 Regular Session Introduced by Heather Goulding

AB 205 would switch parental consent for mandatory sexual health instruction from opt-in to opt-out, increasing student participation unless a parent refuses.

(No further action taken.)
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Bill Summary · AB 205

AB 205 — Revises provisions governing sexual education (BDR 34‑597)

Basic information

  • Sponsor: Assemblymember Heather Goulding
  • Prefiled: Feb 3, 2025; Introduced: Jan 8, 2025
  • Statute amended: NRS 389.036 (school sexual/health education)
  • Effective date (as enacted language provided): July 1, 2025
  • Fiscal note: No effect on state or local government reported

Purpose / intent

AB 205 would change Nevada’s parental‑permission process for mandatory local courses or units on HIV, the human reproductive system, related communicable diseases and “sexual responsibility” from an opt‑in (affirmative parental consent) model to an opt‑out (passive consent) model. The bill’s stated objectives include increasing student access to sexual health instruction, reducing administrative burden on teachers, and preserving parents’ ability to review materials and refuse participation.

Key provisions (summary)

  • Converts the written parental form accompanying notice of sexual‑health instruction from a consent (opt‑in) form to a refusal (opt‑out) form. If a written refusal is not received, the pupil attends the instruction. If refusal is received, the pupil is excused without penalty to credits or standing.
  • Requires the district to furnish written notice and the opt‑out form no later than 4 weeks after the school year starts or 4 weeks before instruction begins, whichever is earlier.
  • Allows the opt‑out form to be posted on the district’s secure website and included with online registration; the form must notify parents they may refuse or withdraw authorization at any time during that school year.
  • Retains current requirements that instructional materials be available for parental inspection before instruction, and that instruction be delivered only by board‑approved teachers or school nurses.
  • Retains local advisory committee structure (parents + representatives from medicine/nursing, counseling, religion, pupils/teaching) with final curricular authority residing with the local board of trustees.
  • Explicitly states the course/unit is not a graduation requirement.

Who would be affected

  • Students: Wider automatic enrollment in sexual‑health units unless parent/guardian submits an opt‑out.
  • Parents/guardians: Must submit an opt‑out form if they do not want their child to participate; retain right to inspect materials and to refuse/withdraw during the school year.
  • School districts and boards: Must provide notice within specified timeframe, offer electronic options for forms, make materials inspectable, and maintain advisory committees.
  • Teachers/school nurses: Continued requirement for board approval to teach these subjects; potential reduction in time spent collecting consent forms.

Support and opposition (themes)

  • Supporters (e.g., Nevada AAP, Children’s Advocacy Alliance, Nevada Section of ACOG, NSEA, health and patient‑advocacy groups): argue opt‑out increases equitable access to medically accurate information, protects vulnerable students, reduces administrative burdens, and supports public health outcomes (lower STIs/teen pregnancy).
  • Opponents (various parent groups and individuals, some school trustees/associations): argue the bill weakens parental rights and informed consent, reduces transparency, and improperly shifts enrollment decisions from parents to schools.

Legislative history / status

  • Passed the Assembly and Senate (including reprint and amendments; Amendment No. 426 adopted). Enrolled and delivered to the Governor.
  • June 2, 2025: Vetoed by the Governor (returned to the Assembly with veto message).
  • Because of the veto, the bill did not become law.

Notes / implications

  • The bill preserves local control over curriculum content (advisory committees and board authority) and keeps the right to inspect materials.
  • If enacted, the change to opt‑out could increase participation rates in sexual‑health instruction, particularly for students whose parents are nonresponsive; opponents contend it would lessen deliberate parental consent for sensitive content.

Compiled from official sources — confirm details with the bill’s official record.

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