SB 230 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in terms and courses of study, providing for parental control relating to instructional materials and books containing sexually explicit content.

Summary

Parental Control of Student Exposure to Sexually Explicit Content in Schools

Bill Text

• Printer's No. 0176 View text Current

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes requirements for parental control over instructional materials and books containing sexually explicit content in Pennsylvania schools.

• Section 1529

  Parental Control Relating to Instructional Materials and Books Containing Sexually Explicit Content.--(a) The governing body of a school entity shall develop a public policy that provides parental control of instructional materials and books containing sexually explicit content and includes information, guidance, procedures and standards relating to: (1) Directly identifying specific instructional materials containing sexually explicit content that are used by or made available to students at schools in the school entity. (2) Directly identifying books within libraries of the schools containing sexually explicit content that are used by or made available to students at schools in the school entity. (3) Implementing the use of an opt-in form to ensure parental control of sexually explicit content as follows: (i) A student shall be prohibited from being provided or having access to sexually explicit content in the classroom or library unless a parent or legal guardian has signed and returned an opt-in form providing their permission. (ii) If the student's parent or legal guardian does not give permission for the student to be provided or have access to sexually explicit content or the parent or legal guardian has not submitted a completed opt-in form, the student shall be provided with alternative nonexplicit instructional materials and related activities. (iii) The opt-in form must include the following language: By signing this document I am giving permission for my child to be provided books, handouts and instructional material that may include written or visual depictions of sexual conduct. Sexual conduct is defined in law as "acts of masturbation, sexual intercourse, sexual bestiality or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast." (iv) The opt-in form must include a list of book titles and materials scheduled to be used as part of curriculum and class discussion or available within the school that meet the definition of sexually explicit content. (4) Permitting the parent or legal guardian of a student to review instructional materials and library books that contain sexually explicit content upon request.

  This creates a new section that mandates parental involvement and control over access to sexually explicit content in schools.

• Section 1529

  (b) Prior to adopting the policies required under this section, the governing body of a school entity shall seek input at a public forum to ensure that the policies are consistent with this section and adopted no later than August 30, 2025.

  This requires school entities to hold a public forum before adopting the new parental control policies.

• Section 1529

  (c) Nothing in this section shall be construed to: (1) Prohibit a school entity from implementing additional transparency measures for sexually explicit content. (2) Prohibit a school entity from determining that sexually explicit content is not appropriate for minors or students of certain ages within the school entity, notwithstanding if the content would not violate other laws. (3) Permit the distribution of sexually explicit materials to minors that are prohibited by other law.

  This clarifies that the new section does not prevent schools from enacting more stringent policies regarding sexually explicit materials.

• Section 1529

  (d) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "School entity." A school district, intermediate unit, joint school, area career and technical school, charter school, regional charter school or cyber charter school. "Sexual conduct." Acts of masturbation, sexual intercourse, sexual bestiality or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if the person is a female, breast. "Sexually explicit content." The term shall include the following: (1) Materials that contain visual or visually implied depictions of sexual conduct or simulations of sexual conduct. (2) Materials that contain explicit and excessive written descriptions of sexual conduct. (3) Materials that contain visual depictions of nudity accessible to minors in kindergarten through grade eight.

  This defines key terms related to sexually explicit content to provide clarity for the implementation of the new policies.

Action History

1. February 03, 2025

   Referred to EDUCATION, Feb. 3, 2025

Sponsors

• Scott Martin · Cosponsor
• Judy Ward · Cosponsor
• Doug Mastriano · Primary
• Greg Rothman · Cosponsor
• Michele Brooks · Cosponsor
• Scott E. Hutchinson · Cosponsor
• Patrick J. Stefano · Cosponsor
• Cris Dush · Cosponsor

Subjects