PERMANENT RULES
PUBLIC INSTRUCTION
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.
|
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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.]