Sex ed./parent approval

AN ACT Relating to requiring parental or legal guardian approval 1
before a child participates in comprehensive sexual health education; 2
amending RCW 28A.300.475; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. (1) The legislature acknowledges that it 5
has required every public school to provide comprehensive sexual 6
health education to each student by the 2022-23 school year. The 7
legislature further recognizes that it allows parents to excuse their 8
children from this instruction by filing a written request with the 9
school district.10
(2) Instead of being subject to the broad discretion of school 11
districts and the state, the legislature intends to give parents more 12
control and choice over the sexual health education their child 13
receives by having parents provide written approval before any 14
planned instruction occurs. 15
Sec. 2. RCW 28A.300.475 and 2020 c 188 s 1 are each amended to 16
read as follows: 17
(1)(a)(i) In accordance with the requirements of this section, 18
including parental or legal guardian approval in subsection (7) of 19
this section, every public school shall provide comprehensive sexual 20
S-0385.1
SENATE BILL 5137
State of Washington 69th Legislature 2025 Regular Session
By Senators McCune, Christian, Fortunato, and J. Wilson
Prefiled 01/03/25. Read first time 01/13/25. Referred to Committee
on Early Learning & K-12 Education.
p. 1 SB 5137
health education to each student by the 2022-23 school year. The 1
curriculum, instruction, and materials used to provide the 2
comprehensive sexual health education must be medically and 3
scientifically accurate, age-appropriate, and inclusive of all 4
students, regardless of their protected class status under chapter 5
49.60 RCW, and must include information about abstinence and other 6
methods of preventing unintended pregnancy and sexually transmitted 7
diseases. Abstinence may not be taught to the exclusion of other 8
materials and instruction on contraceptives and disease prevention.9
(ii)(A) Beginning in the 2020-21 school year, any public school 10
that provides comprehensive sexual health education must ensure that 11
the curriculum, instruction, and materials include information about 12
affirmative consent and bystander training. 13
(B) The school district boards of directors of one or more public 14
schools that are not providing comprehensive sexual health education 15
in either the 2019-20 school year, the 2020-21 school year, or both, 16
must prepare for incorporating information about affirmative consent 17
and bystander training into the comprehensive sexual health education 18
curriculum, instruction, and materials required by this section. In 19
satisfying the requirements of this subsection (1)(a)(ii)(B), school 20
district boards of directors must also, no later than the 2020-21 21
school year, consult with parents and legal guardians of students, 22
local communities, and the Washington state school directors' 23
association. 24
(b) A public school may choose to use separate, outside speakers 25
or prepared curriculum to teach different content areas or units 26
within its comprehensive sexual health education program if all 27
speakers, curriculum, and materials used are in compliance with this 28
section. 29
(c) Comprehensive sexual health education must be consistent with 30
the Washington state health and physical education K-12 learning 31
standards and the January 2005 guidelines for sexual health 32
information and disease prevention developed by the department of 33
health and the office of the superintendent of public instruction.34
(2)(a) Beginning in the 2021-22 school year, comprehensive sexual 35
health education must be provided to all public school students in 36
grades six through twelve. 37
(b) Beginning in the 2022-23 school year, comprehensive sexual 38
health education must be provided to all public school students.39
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(c) The provision of comprehensive sexual health education to 1
public school students as required by (a) and (b) of this subsection 2
(2) must be provided no less than: 3
(i) Once to students in kindergarten through grade three;4
(ii) Once to students in grades four through five;5
(iii) Twice to students in grades six through eight; and6
(iv) Twice to students in grades nine through twelve.7
(3) The office of the superintendent of public instruction and 8
the department of health shall make the Washington state health and 9
physical education K-12 learning standards and the January 2005 10
guidelines for sexual health information and disease prevention 11
available to public schools, teachers, and guest speakers on their 12
websites. Within available resources, the office of the 13
superintendent of public instruction and the department of health 14
shall also, and to the extent permitted by applicable federal law, 15
make any related information, model policies, curricula, or other 16
resources available on their websites. 17
(4) The office of the superintendent of public instruction, in 18
consultation with the department of health, shall develop a list of 19
comprehensive sexual health education curricula that are consistent 20
with the 2005 guidelines for sexual health information and disease 21
prevention, the Washington state health and physical education K-12 22
learning standards, and this section. This list, which may serve as a 23
resource for schools, teachers, or any other organization or 24
community group, must be updated at least annually, and must be made 25
available on the websites of the office of the superintendent of 26
public instruction and the department of health. 27
(5) Subject to the availability of amounts appropriated for this 28
specific purpose, the office of the superintendent of public 29
instruction shall periodically review and revise, as necessary, 30
training materials, which may be in an electronic format, for 31
classroom teachers and principals to implement the applicable 32
requirements of this section. The initial review required by this 33
subsection (5) must be completed by March 1, 2021.34
(6)(a) Public schools are encouraged to review their 35
comprehensive sexual health education curricula and choose a 36
curriculum from the list developed under subsection (4) of this 37
section. Any public school may identify, choose, or develop any other 38
curriculum if it complies with the requirements of this section.39
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(b) If a public school chooses a curriculum that is not from the 1
list developed under subsection (4) of this section, the public 2
school or applicable school district, in consultation with the office 3
of the superintendent of public instruction, must conduct a review of 4
the selected or developed curriculum to ensure compliance with the 5
requirements of this section using a comprehensive sexual health 6
education curriculum analysis tool of the office of the 7
superintendent of public instruction. 8
(c) The office of the superintendent of public instruction shall 9
provide technical assistance to public schools and school districts 10
that is consistent with the curricula review, selection, and 11
development provisions in (a) and (b) of this subsection (6).12
(7)(a) Any parent or legal guardian who wishes to have his or her 13
child ((excused from )) participate in any planned instruction in 14
comprehensive sexual health education ((may do so upon filing a 15
written request with )) must provide written approval to the school 16
district board of directors or its designee, or the principal of the 17
school his or her child attends, or the principal's designee , before 18
any planned instruction in comprehensive sexual health education 19
occurs. ((The person or entity to whom the request is directed must 20
grant the written request to have the student excused from this 21
instruction in accordance with this subsection. )) In addition, any 22
parent or legal guardian may review the comprehensive sexual health 23
education curriculum provided in his or her child's school by filing 24
a written request with the school district board of directors, the 25
principal of the school his or her child attends, or the principal's 26
designee. 27
(b) ((At the beginning of )) Beginning in the ((2021-22)) 2025-26 28
school year and each year thereafter , each school providing 29
comprehensive sexual health education must notify parents and legal 30
guardians, in writing or in accordance with the methods the school 31
finds most effective in communicating with parents and legal 32
guardians, that the school will be providing comprehensive sexual 33
health education during the school year and that parents and legal 34
guardians must provide written approval before any planned 35
instruction in comprehensive sexual health education occurs . The 36
notice must include, or provide a means for electronic access to, all 37
course materials, by grade, that will be used at the school during 38
the instruction. 39
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(8)(a) Public schools shall annually, by September 1st, identify 1
to the office of the superintendent of public instruction any 2
curricula used by the school to provide comprehensive sexual health 3
education as required by this section. Materials provided by schools 4
under this subsection (8)(a) must also describe how the provided 5
classroom instruction aligns with the requirements of this section.6
(b) The office of the superintendent of public instruction shall 7
summarize and, in accordance with RCW 43.01.036, report the results 8
provided under (a) of this subsection (8) to the education committees 9
of the house of representatives and the senate biennially, beginning 10
after the 2022-23 school year. 11
(9) RCW 28A.600.480(2), which encourages school employees, 12
students, and volunteers to report harassment, intimidation, or 13
bullying, applies to this section. 14
(10) Nothing in this section expresses legislative intent to 15
require that comprehensive sexual health education, or components of 16
comprehensive sexual health education, be integrated into curriculum, 17
materials, or instruction in unrelated subject matters or courses.18
(11) For the purposes of this section: 19
(a) "Affirmative consent" means a conscious and voluntary 20
agreement to engage in sexual activity as a requirement before sexual 21
activity; 22
(b) "Comprehensive sexual health education" means recurring 23
instruction in human development and reproduction that is age-24
appropriate and inclusive of all students, regardless of their 25
protected class status under chapter 49.60 RCW. All curriculum, 26
instruction, and materials used in providing comprehensive sexual 27
health education must be medically and scientifically accurate and 28
must use language and strategies that recognize all members of 29
protected classes under chapter 49.60 RCW. Comprehensive sexual 30
health education for students in kindergarten through grade three 31
must be instruction in social-emotional learning that is consistent 32
with learning standards and benchmarks adopted by the office of the 33
superintendent of public instruction under RCW 28A.300.478. 34
Comprehensive sexual health education for students in grades four 35
through twelve must include information about: 36
(i) The physiological, psychological, and sociological 37
developmental processes experienced by an individual;38
(ii) The development of intrapersonal and interpersonal skills to 39
communicate, respectfully and effectively, to reduce health risks, 40
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and choose healthy behaviors and relationships that are based on 1
mutual respect and affection, and are free from violence, coercion, 2
and intimidation; 3
(iii) Health care and prevention resources; 4
(iv) The development of meaningful relationships and avoidance of 5
exploitative relationships; 6
(v) Understanding the influences of family, peers, community, and 7
the media throughout life on healthy sexual relationships; and8
(vi) Affirmative consent and recognizing and responding safely 9
and effectively when violence, or a risk of violence, is or may be 10
present with strategies that include bystander training;11
(c) "Medically and scientifically accurate" means information 12
that is verified or supported by research in compliance with 13
scientific methods, is published in peer-reviewed journals, where 14
appropriate, and is recognized as accurate and objective by 15
professional organizations and agencies with expertise in the field 16
of sexual health including but not limited to the American college of 17
obstetricians and gynecologists, the Washington state department of 18
health, and the federal centers for disease control and prevention; 19
and 20
(d) "Public schools" has the same meaning as in RCW 28A.150.010.21
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