Can parents or legal guardians have their children “opt out” of HIV/AIDS education?
Yes, for “methods of prevention” only. According to Commissioner’s Regulation 135.3, AIDS education should, at a minimum provide accurate information concerning the nature of the disease, methods of transmission, and methods of prevention. No pupil shall be required to receive instruction concerning the methods of prevention of AIDS if the parent or legal guardian of such pupil has filed with the principal of the school which the pupil attends a written request that the pupil not participate in such instruction with an assurance that the pupil will receive such instruction at home. Such exempt pupils, however, are still required to receive instruction concerning the nature of the disease and methods of transmission.