(1) There is hereby created in the department the comprehensive human sexuality education grant program. The purpose of the program is to provide moneys to public schools and school districts for use in the creation and implementation of comprehensive human sexuality education programs in their curriculum.

(2) Upon receipt of federal moneys or other appropriations to the cash fund, the department, in conjunction with the oversight entity, shall notify the school districts, the state charter school institute, and boards of cooperative services throughout the state of grants available through the program.

(3) Based on the recommendations of the oversight entity, the department shall award grants to public schools and school districts for periods of one to three years.

(4) Moneys distributed to public schools and school districts through the program must only be used for the provision of comprehensive human sexuality education programs that comply with the provisions of and meet or exceed the requirements for comprehensive human sexuality curriculum set forth in section 22-1-128, C.R.S., and developed pursuant to section 22-25-104 (3), C.R.S.

(5) On or before December 1, 2013, or not more than ninety days after the department receives sufficient moneys to implement the program, whichever is later, the state board shall promulgate rules for the administration of this article, using the recommendations developed by the oversight entity pursuant to section 25-44-103 (2)(b).

(6) (a) On or before January 30, 2017, and every year thereafter in which grants have been awarded pursuant to this article, the department shall submit a report concerning the outcomes of the program to the state board of education, the department of education, and the education committees of the senate and house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees. The report must include, at a minimum:

(I) The number of public schools and school districts that received a grant under the program;

(II) The number of students reached and the curriculum utilized;

(III) The amount of each grant awarded;

(IV) The average amount of all grants awarded; and

(V) The source and amount of each gift, grant, or donation received by the department for the implementation of this article.

(b) Pursuant to section 24-1-136 (11)(a)(I), this subsection (6) is repealed, effective July 2, 2020.

(7) Notwithstanding any other provision of this article, the department shall not be required to implement the provisions of this article until sufficient moneys have been received and transferred or appropriated to the cash fund.

(8) The provisions of this article shall not apply to students in kindergarten through third grade unless the content of the instruction relates to personal hygiene, healthy habits, respecting personal space and boundaries, interpersonal communication skills, and personal safety, as identified in the content standards developed by the department of education and adopted by the state board of education.