Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Education Committee

HB 1604

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Requiring signed parental confirmation before students participate in AIDS and sexual health education.

Sponsors: Representative McCune.

Brief Summary of Bill

  • Institutes an opt-in, rather than an opt-out, procedure before students may attend or participate in education regarding acquired immunodeficiency syndrome (AIDS) and sexual health.

Hearing Date: 3/10/11

Staff: Cece Clynch (786-7195).

Background:

Acquired Immunodeficiency Syndrome (AIDS) Prevention Education.

Public schools are required to teach about the life-threatening dangers of AIDS, its spread, and its prevention. Students must receive this education at least once each school year beginning no later than the fifth grade.

Each school district must adopt a medically accurate curriculum. At least one month before teaching AIDS prevention education, during weekend and evening hours, a district must conduct at least one presentation of the curricula and materials for the parents and guardians of students. The parents and guardians must be notified that the curricula and materials are available for inspection. No student may be required to participate in AIDS prevention education if the student's parent or guardian, having attended one of the district presentations, objects in writing to participation.

Sexual Health Education.

Public schools are not required to offer sexual health education. Those that do must assure that the information, instruction, and materials are medically and scientifically accurate. A school may choose to use separate, outside speakers or prepared curriculum to teach different content areas or units within the comprehensive sexual health program as long as all speakers, curriculum, and materials used are medically and scientifically accurate.

Any parent or legal guardian may review the sexual health education curriculum offered in his or her child's school by filing a written request with the school district board of directors or the principal of the school the child attends. If the parent or guardian wishes to excuse his or her child from any planned sexual health instruction, the parent or guardian may do so by filing a written request with the school district board of directors or the principal.

Summary of Bill:

The opt-out process by which parents and guardians may excuse their children from AIDS prevention education and sexual health education is changed to an opt-in process. A student may attend or participate in either course only if the school or school district has on file a signed confirmation from the parent or legal guardian indicating receipt of notification of the planned instruction and approval of the student's attendance or participation. Attendance at a district presentation regarding the planned AIDS prevention education is no longer a prerequisite to excusing a child from AIDS prevention education.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.