Part V The Curriculum

Chapter IV Miscellaneous and supplementary provisions

Sex education

403 Sex education: manner of provision.

(1)

The F1. . ., governing body and head teacher shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at a maintained school F2(whether or not as part of statutory relationships and sex education) , it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life.

F3(1A)

The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—

(a)

they learn the nature of marriage and its importance for family life and the bringing up of children, and

(b)

they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.

F4(1ZB)

In subsection (1A) the reference to sex education does not include sex education given as part of statutory relationships and sex education.

(1B)

In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.

(1C)

Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.

(1D)

The Secretary of State may at any time revise his guidance under subsection (1A).

(2)

In F5this sectionmaintained school” includes F6a community or foundation special school established in a hospital F7and “NHS body” has the same meaning as in F8the National Health Service Act 2006 (see section 275(1) of that Act) .

F9(2A)

In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.