WSR 08-19-038

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed September 10, 2008, 12:21 p.m. , effective October 11, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of the rule revision is to reflect the provisions of the legislative intent on RCW 28A.300.475 related to sexual health education in public schools and the provisions of parent excusal for student participation.

Incorrect version was filed. This is a correction filing.

Citation of Existing Rules Affected by this Order: Amending WAC 392-410-140.

Statutory Authority for Adoption: RCW 28A.300.040.

Adopted under notice filed as WSR 08-11-032 on May 13, 2008.

Changes Other than Editing from Proposed to Adopted Version: Following comments submitted prior to or presented at a hearing held on June 27, 2008, at the office of superintendent of public instruction revisions were made to the proposed revised WAC 392-410-140. Changes are as follows:


Section Comments Response
(2)(b) Definitions Recommend modifying definitions of sex education and human sexuality to reflect language of the 2005 Guidelines for Sexual Health and Disease Prevention - Cj Gribble, Planned Parenthood of Inland Northwest, Spokane, Anna Franks, Planned Parenthood of Central Washington, Yakima, Chris Charbonneau, Planned Parenthood of Western Washington, Seattle, Beth Reis, Seattle, King County Public Health. Subsection (b), now (a) was expanded to incorporate language referencing the 2005 Guidelines for Sexual Health and Disease Prevention as noted in RCW 28A.300.475. The original subsection (a) was eliminated as no longer necessary.
(6) Medical and scientific accuracy Department of Health (DOH) requested that language requiring all materials used for sexual health education be approved for medical and scientific accuracy by the DOH be stricken and language inserted to state that the DOH may provide technical assistance regarding medical and scientific accuracy - Sophia Aragon, JD, RN.


Request that the requirement remain for all materials used in sex education programs in schools be reviewed by DOH and approved for medical accuracy - Cj Gribble, Planned Parenthood of Inland Northwest, Anna Franks, Planned Parenthood of Central Washington, Joan Helmich, Center for health Training, Seattle, Beth Reis, Seattle King County Public Health.

Language was changed to require that all curricula, presentations and materials used must be medically and scientifically accurate. The Washington state department of health, upon request, may provide technical assistance regarding medical and scientific accuracy.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 1, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 10, 2008.

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1461.3


AMENDATORY SECTION(Amending WSR 06-14-009, filed 6/22/06, effective 6/22/06)

WAC 392-410-140   ((Sex)) Sexual health education -- Definition -- Optional course or subject matter -- Excusal of students.   (1) Local option. The decision as to whether or not a program about ((sex)) sexual health education ((or human sexuality)) is to be introduced into the common schools is a matter for determination at the district level by the local school board, the duly elected representatives of the people of the community.

(2) Definition(s).

(a) ((Sex education for the purpose of this regulation is defined as the study of the anatomy and the physiology of human reproduction.

(b) Human sexuality)) Sexual health education for the purpose of this regulation is ((defined as the characteristics or qualities that distinguish between maleness and femaleness)) consistent with the 2005 Guidelines for Sexual Health and Disease Prevention. It includes:

(i) The physiological, psychological, and sociological developmental processes experienced by an individual;

(ii) The development of intrapersonal and interpersonal skills to communicate, respectfully and effectively, to reduce health risks and choose healthy behaviors;

(iii) Health care and prevention resources;

(iv) The development of meaningful relationships and avoidance of exploitative relationships; and

(v) Understanding of the influences of family, peers, community and the media throughout life on healthy sexual relationships.

(b) Medically and scientifically accurate means information that is verified or supported by research in compliance with scientific methods, is published in peer reviewed journals, where 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 U.S. Centers for Disease Control and Prevention.

(3) By September 1, 2008, every public school that offers sexual health education must assure the sexual health education is medically and scientifically accurate, age appropriate, and inclusive of students regardless of gender, race, disability status, or sexual orientation.

(4) Development of instruction in ((sex)) sexual health education ((and human sexuality)). School districts shall involve parents and school district community groups in the planning, development, evaluation, and revision of any instruction in ((sex)) sexual health education ((and human sexuality)) offered as a part of the school program.

(((4))) (5) All sexual health education programs must include an emphasis on abstinence as the only one hundred percent effective means of preventing unintended pregnancy, HIV and other sexually transmitted diseases. All sexual health education programs must also provide medically and scientifically accurate information on all other methods of preventing unintended pregnancy, HIV and other sexually transmitted diseases. Abstinence may not be taught to the exclusion of instruction on contraception and disease prevention.

(6) Schools may choose to use separate, outside speakers or prepared curriculum to teach different content areas or units within the comprehensive sexual health program. All such curricula, presentations and materials used must be medically and scientifically accurate. The Washington state department of health, upon request, may provide technical assistance regarding medical and scientific accuracy.

(7) Notification of parents. Each school district shall, at least one month before teaching a program in sexual health education in any classroom or other school venue, provide notice to parents of the planned instruction and that the materials or course of study are available for inspection. Such notification includes all formats of instruction related to sexual health education including, but not limited to written materials, guest speakers, classroom presentations, videos, electronically formatted materials.

(8) Excusal of students -- Alternative studies. Any parent or legal guardian who wishes to have his/her child excused from any planned instruction in ((sex)) sexual health education ((or human sexuality)) may do so upon filing a written request with the school district board of directors or its designee and the board of directors shall make available the appropriate forms for such requests. Alternative educational opportunities shall be provided for those excused.

The requirement to report harassment, intimidation, or bullying under RCW 28A.600.480(2) applies to this section.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as 392-410-140, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.04.120 (6) and (8). 84-21-004 (Order 12-84), 180-50-140, filed 10/4/84.]

Washington State Code Reviser's Office