New MN Health Education Draft Benchmarks Violate Law
The Minnesota Department of Education (MDE) recently released its second draft of new Health Education Standards. This draft includes detailed benchmarks for every grade level in elementary school. The Sexual Health portion includes required student learning expectations that violate related laws and are developmentally inappropriate.
MN 121A.23 mandates school districts to develop and implement programs to “prevent and reduce the risk of sexually transmitted infections and diseases, including but not exclusive to human immune deficiency virus and human papilloma virus.” Specific language in the law requires “a comprehensive, technically accurate, and updated curriculum that includes helping students to abstain from sexual activity until marriage.” Only four of the 70 benchmarks for 6-8th grade address “abstaining from sexual activity,” while the others normalize “sexual behaviors” and “sexual relationships.” None of the benchmarks include the topic of marriage. This is out of step with Minnesota law.
Several benchmarks include technically inaccurate statements, including:
6-8th grade- 6.4.1.40 “Describe the importance of using a condom for STI/HIV prevention while also using a more effective contraceptive method for pregnancy prevention.” (The Centers for Disease Control states: “condoms will not protect against STDs spread by skin-to-skin contact.”)
6.4.5.01 “Identify circumstances that help or hinder making a decision related to a safe and potentially unsafe sexual situation.” (There are no safe sexual situations for middle schoolers).
According to the 2022 Minnesota Student Survey, only 9% of 9th graders and 29% of 11th graders report ever having sex and both numbers having fallen steadily for over ten years. It can be assumed an even fewer number of 6-8th graders are sexually active. The proposed benchmarks emphasize sexual health (70 Sexual Health benchmarks, the most of any topic, with the second most at 48 for Mental and Emotional Health).
Examples of developmentally inappropriate benchmarks include:
Kindergarten- 0.4.1.01 “Using medically accurate terms for body parts, including genitals.”
Third Grade- 3.4.1.02 “Describe internal and external reproductive body parts using medically accurate terms in a gender-neutral way.”
3.4.1.06 “Explain the difference between sex assigned at birth and gender identity and expression.”
Given the January 2025 Presidential Executive Order restricting instruction on gender identity and recent changes in federal funding for sex education, the proposed benchmarks teaching “gender identity” could jeopardize the MDE’s federal funding status.
Parents, educators and community members are encouraged to submit public comments before the third draft is finalized and can do so through July 18 on the MDE website. The MDE stated “Public comments play a powerful role in shaping Minnesota’s health education standards.” Click here for examples of responses that you can make to each benchmark.
We would like to thank Lori Kuykendall from Beacon Health Education Resources for compiling this critical information.