Brief Description: Regarding sex education in schools.

Sponsors: Representatives Schual-Berke, Kessler, Walsh, Appleton, Linville, Darneille, Hankins, Kenney, Lantz, Green, McCoy, Quall, Morrell, Haigh, Fromhold, Hunt, Dunshee, P. Sullivan, McDermott, McIntire, Wood, Dickerson, Ericks, Moeller, Pedersen, Conway, Hasegawa, Roberts, Seaquist, Kagi, Sells, Upthegrove, Williams, Goodman, Simpson, Springer, Chase and Jarrett.

Hearing Date: 2/5/07

Staff: Chris Cordes (786-7103).

Background:

By statute, public school curricula must teach the minimum requisites for good health, including methods to prevent exposure to and transmission of sexually transmitted diseases. The State Board of Education rules, however, allow local school boards to decide whether or not to have sex education or human sexuality courses in their districts and permit parents to excuse their children from such classes. The No Child Left Behind Act of 2001 permits the use of federal funds to provide sex education or HIV prevention education in schools as long as the instruction is age appropriate and the health benefits of abstinence are part of the curriculum.

In January 2005, the Department of Health and the Office of the Superintendent of Public Instruction jointly released Guidelines for Sexual Health Information and Disease Prevention(Guidelines). The stated purpose of its 19 guidelines is to: describe effective sex education and its outcomes; provide a tool for evaluating programs, curricula, or policy; enhance and strengthen sex education programs; and to educate organizations involved in educating youth.

For effective sex education programs, the Guidelines state, among other things, that the programs should:

• provide information about both abstinence and contraception, including that abstinence is the only certain way to avoid pregnancy and sexually transmitted diseases;
• be age and culturally appropriate;
• use information that is medically and scientifically accurate and objective;
• encourage communication with adults;
• enlighten youth to develop health promoting behaviors;
• provide information about sexual anatomy and physical growth and development, and about sexually transmitted diseases; and
• promote respect and healthy self-esteem.

Every two years, schools and local health agencies participate in the federal Centers for Disease Control and Prevention's School Health Profiles. These surveys are used to assess school health programs.

Summary of Bill:

Curriculum Standards for Sexual Health Education

By September 1, 2008, a school that offers sexual health education must assure that it:

• is medically and scientifically accurate, including the information, instruction, and materials;
• is age-appropriate and appropriate for students regardless of gender, race, disability status, or sexual orientation;
• includes information about abstinence and other methods of preventing unwanted pregnancy and sexually transmitted diseases, but abstinence may not be taught to the exclusion of other instruction on contraceptives and disease prevention; and
• is consistent with the January 2005 Guidelines for Sexual Health Information and Disease Prevention (Guidelines).

"Medically and scientifically accurate" means information verified by research in compliance with scientific methods that is published in peer-review journals, where appropriate, and recognized as accurate and objective by expert professional organizations, such as the American College of Obstetricians and Gynecologists, the DOH, and the federal Centers for Disease Control and Prevention.

Model Sexual Health Education Curricula

The OSPI, in consultation with Department of Health (DOH), must develop a list of sexual health education curricula that are consistent with the Guidelines, to be updated at least annually and posted on the agencies' websites. Schools are encouraged to review their sexual health curricula and choose from the list. The DOH may adopt rules to establish what constitutes a comprehensive sexual health education curriculum that is consistent with the Guidelines.

The OSPI and the DOH must make the Guidelines, and any model policies and curricula related to sexual health education, available on their websites.

Parental Right to Excuse Children from Sexual Health Education

Parents and legal guardians are permitted to excuse their children from planned sexual health education by filing a written request with the school district board. A parent or legal guardian may review the sexual health education curriculum offered by filing a written request with the school district board or the school principal.

Other Provisions

The Office of the Superintendent of Public Instruction (OSPI) must, through an existing reporting mechanism, ask schools to identify any curricula used to provide sexual health education. The OSPI must report the results to the Legislature annually beginning with the 2008-09 school year.

These provisions are to be known as the Healthy Youth Act.

Appropriation: None.

Fiscal Note: Requested on January 31, 2007.

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