SB 5395 — Concerning comprehensive sexual health education.

S-1865.1SUBSTITUTEZ-0222.6SENATE SENATE BILL 5395State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Early Learning & K-12 Education (originally sponsored by Senators Wilson, C., Randall, Keiser, Saldaña, Takko, Mullet, Wellman, Das, Nguyen, Billig, Pedersen, Rolfes, Darneille, Dhingra, Hasegawa, Hunt, and Kuderer;

by request of Superintendent of Public Instruction)READInstructionRead FIRSTfirst TIMEtime 02/22/19.AN01/18/19.Referred to Committee on Early Learning & K-12 Education.AN ACT Relating to requiring comprehensive sexual health education that is consistent with the Washington state health and physical education K-12 learning standards and that requires affirmative consent curriculum;

RCW 28A.300.475 and 2007 c 265 s 2 are each amended to read as follows:(1)(a) By September 1, ((2008))2021,((2008))2020, every public school ((that offers))must provide comprehensive sexual health education ((must assure that sexual health education))as an integral part of the curriculum that is evidence-informed, medically and scientifically accurate, age-appropriate, ((appropriate))and inclusive for all students regardless of ((gender, race, disability status, or sexual orientation,))their protected class status under chapter 49.60 RCW and includes information ((about))and skills-based instruction that:(i) Includes both abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases;(ii) Encourages healthy relationships that are based on mutual respect and affection and are free from violence, coercion, and intimidation;(iii) Teaches how to identify and respond to attitudes and behaviors that contribute to sexual violence;

and(v) Comprehensive sexual health education must be consistent with the Washington state health and physical education K-12 learning standards and the January 2005 guidelines for sexual health information and disease prevention developed by the department of health and the office of the superintendent of public instruction.(2) ByAs Septemberused 1,in 2020,((chapter comprehensive265, sexualLaws healthof education2007,))this mustsection:(a) be"Evidence-informed" phasedmeans a program that is informed by scientific research and effective practice and replicates evidence-based programs or substantially incorporates elements of effective programs.(b) "Medically and scientifically accurate" means information that is verified or supported by research in beginningcompliance with studentsscientific methods, is published in grades((peer-review))peer-reviewed sixjournals, throughwhere twelve.appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the field of sexual health including but not limited to the American college of obstetricians and gynecologists, the ((Washington state)) department of health, and the federal centers for disease control and prevention.

By(3) SeptemberThe 1,superintendent 2021,of comprehensivepublic sexualinstruction((and the department of health)) shall make the Washington state health and physical education mustK-12 belearning phasedstandards inand the January 2005 guidelines for studentssexual inhealth gradesinformation kindergartenand throughdisease five.prevention available to public schools((districts)), teachers, and guest speakers on ((their))the office of the superintendent of public instruction's web sites.

FullWithin statewideavailable implementationresources, forthe allsuperintendent of public schoolsinstruction and((and allthe gradedepartment levels must be achieved by September 1, 2021.(3) As used in ((chapter 265, Laws of 2007,))thishealth)) section:(a)shall "Evidence-informed"make meansany arelated programinformation, thatmodel ispolicies, informedcurricula, byor scientificother researchresources andavailable effectiveas practicewell.(4)(a) andThe replicatessuperintendent evidence-based programs or substantially incorporates elements of effectivepublic programs.(b)instruction, "Medically and scientifically accurate" means information that is verified or supported by research in complianceconsultation with scientificthe methods,department isof publishedhealth, inshall ((peer-review))peer-revieweddevelop journals,a wherelist appropriate,of andcomprehensive issexual recognizedhealth aseducation accuratecurricula andthat objectiveare byconsistent professional organizations and agencies with expertise in the field2005 ofguidelines for sexual health includinginformation butand notdisease limitedprevention, to the AmericanWashington collegestate ofhealth obstetricians and gynecologists,physical theeducation ((WashingtonK–12 state))learning departmentstandards, of health, and thethis federalsection. centers for disease control and prevention.

(((3)))(4)This Thelist superintendentshall of((be publicintended instruction((andto)) theserve departmentas ofa health))resource shallfor makeschool((s))districts, theteachers, Washingtonor stateany healthother organization or community group, and physicalshall educationbe K-12updated learning((no standardsless frequently than annually))at least biannually and made available on the Januaryweb 2005site((s)) guidelinesof forthe sexualoffice healthof informationthe andsuperintendent diseaseof preventionpublic availableinstruction to((and the department of health)).(b) By September 1, 2019, the superintendent of public schools((districts)),instruction teachers,must develop comprehensive sexual health education instructional materials review tools and guestmake speakersthem available on ((their))thethe office of the superintendent of public instruction's web sites.site.(5) Public schools ((that offer sexual health education are encouraged to review their sexual health curricula and))must choose a curriculum from the list developed under subsection (4) of this section((.

WithinAny available resources, the superintendent of public instructionschool ((andthat theoffers departmentsexual ofhealth health))education shallmay))or makeuse anythe relatedreview information,tools modeldeveloped policies,under curricula,subsection or(4)(b) other resources available as well.(((4)))(5)(a) The superintendent of publicthis instruction,section into consultationidentify, withchoose, theor department of health, shall develop aany listother ofcurriculum((, comprehensiveif sexualthe healthcurriculum educationchosen curriculaor thatdeveloped))that arecomplies consistent with the 2005requirements guidelinesof for sexual health information and disease prevention, the Washington state health and physical education K–12 learning standards, and this section.

ThisPublic listschools shallmust ((beuse intendedthe to))review servetools aswhen achoosing resourcecurricula for school((s))districts, teachers, or any other organization or community group, and shall be updated ((no less frequently than annually))atthose leastfrom biannually and made available on the weblist site((s))developed ofunder thesubsection office(4) of thethis superintendentsection.(6) of((Any))Parents publicor instructionlegal ((andguardians thewho department((wishes))wish ofto health)).(((5)))(b)have By((his Septemberor 1,her 2019,child))their thechildren superintendentexcused offrom publicany planned instruction mustin develop comprehensive sexual health education instructionalmay materialsdo reviewso toolsupon andfiling makea themwritten availablerequest onwith the officeschool ofdistrict theboard superintendent of publicdirectors instruction'sor webits site.(6)designee, Publicor schoolsthe ((thatprincipal offerof sexualthe healthschool education((his areor encouragedher))their tochild reviewattends, theiror sexual health curricula and))must choose a curriculum from the listprincipal's developeddesignee. under subsection (((4)))(5) of this section((.

AnyIn publicaddition, school((any)) thatparents offersor legal guardians may review the comprehensive sexual health education may))orcurriculum useoffered in ((his or her))their child's school by filing a written request with the reviewschool toolsdistrict developedboard underof subsectiondirectors, (5)(b)the principal of thisthe sectionschool to((his identify,or choose,her))their child attends, or developthe anyprincipal's otherdesignee.(7) curriculum((,The ifoffice of the curriculumsuperintendent chosenof public instruction ((shall, through its Washington state school health profiles survey or developed))thatother compliesexisting withreporting themechanism, requirementsask))must ofrequire thispublic section.schools to ((identify any))report, on an annual basis, curricula used to provide comprehensive sexual health education((, and shall)).

PublicThe schoolssuperintendent mustof usepublic theinstruction reviewmust toolsreport when choosing curricula other than those from the listresults developed under subsection (5) of this section.(((6)))(7)((Any))Parentsinquiry orto legalthe guardianseducation whocommittees ((wishes))wishof tothe havelegislature ((his((on ora herbiennial child))theirbasis, childrenbeginning excusedwith fromthe any2008-09 plannedschool instructionyearby inNovember comprehensive1, sexual2021, healthand educationbiennially maythereafter.(8) do((The sorequirement))RCW upon28A.600.480(2), filingwhich aencourages writtenschool requestemployees, withstudents, theand schoolvolunteers districtto boardreport ofharassment, directorsintimidation, or itsbullying designee,((under orRCW the28A.600.480(2))), principalapplies ofto thethis schoolsection.--- ((hisEND or--- her))their child attends, or the principal's designee.

In addition, ((any)) parents or legal guardians may review the comprehensive sexual health education curriculum offered in ((his or her))their child's school by filing a written request with the school district board of directors, the principal of the school ((his or her))their child attends, or the principal's designee.(((7)))(8) The office of the superintendent of public instruction ((shall, through its Washington state school health profiles survey or other existing reporting mechanism, ask))must require public school((s))districts to ((identify any))report, on an annual basis, curricula used to provide comprehensive sexual health education((, and shall)).

The superintendent of public instruction must report the results of this inquiry to the education committees of the legislature ((on a biennial basis, beginning with the 2008-09 school yearby November 1, 2021, and biennially thereafter.(((8) The requirement))(9) RCW 28A.600.480(2), which encourages school employees, students, and volunteers to report harassment, intimidation, or bullying ((under RCW 28A.600.480(2))), applies to this section.--- END ---