Parents will have right to withdraw children from new sex education classes

Parents will have the right to withdraw their children from class if they do not agree with the content of updated sex education programmes at primary and second level, Minister for Education Norma Foley has said.

The National Council for Curriculum and Assessment (NCCA) is finalising an updated Social Personal and Health Education (SPHE) curriculum to be rolled out for junior cycle students from next September. It will address issues such as gender identity, pornography and sexual consent.

An updated SPHE curriculum is due to be ready for the senior cycle in 2024 and at primary level from 2025.

The proposed content has proved divisive with several parents’ groups complaining about the “promotion of transgender ideology” to young students. In contrast, some advocacy groups say these issues are “core to our human identity”.

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Ms Foley said: “I want to be clear around this: we operate in our schools a spirit of partnership with our parents, the wider section of stakeholders and partners within education. We retain within our schools parental consent at all times for parents to feel that they have freedom to withdraw their students from anything that is happening within a school environment.

“That is important. I know the value of that parental consent in schools, and I know the value of it in all other aspects of life.”

[ Report highlights ‘challenge’ of allowing children to opt out of new sex education syllabus ]

[ Sharp division over teaching of gender identity and use of pronouns in updated sex education syllabus ]

When asked if she felt the content was appropriate, she said: “I think what is important is that our students in our schools feel that they are valued within the school system. I equally feel it is important that parents have a right to determine what they want their students to avail of, or not avail of, within the school context and indeed outside ... I believe in parental consent – and at no point would I seek to undermine that at any point.”

A recent public consultation report by the NCCA in response to the planned revamp of SPHE at junior cycle outlines concerns among some parents’ groups over “challenges” in allowing children to opt out of the subject.

The report said there was unanimous agreement among teachers, students and school leadership that the proposed course was an important step in addressing the needs of adolescents.

[ Opinion: New sex education curriculum refects reality ]

[ Pupils ‘encounter pornography once they get their first phone’, report says ]

However, it noted a wide spectrum of views and feedback from parents, some of whom stated their intent to withdraw their children from all SPHE classes in the event of the updated specification being implemented.

It said some parents were strongly critical, with some pointing out “that gender identity is a highly contested and sensitive topic” and “should not be included in the curriculum”, while others felt the content was not age-appropriate for children.

The report notes that the challenge of dealing with requests for withdrawal from specific aspects of the new curriculum, or complete opt-out, will require further consideration given that relationships and sex education is now integrated across SPHE.

It said one dimension of this tension is “students’ right to a broad and balanced education, including comprehensive health education, balanced against the right of parents to withdraw their child from SPHE”.

The report noted a submission from the Irish Human Rights and Equality Commission (IHREC), which highlighted the Council of Europe’s Commissioner of Human Rights comments that international human rights standards on the right to freedom of religion or belief do not entitle parents to withdraw children from sexuality education classes where relevant information is conveyed in an objective and impartial manner.