PRIOR PRINTER'S NO. 619
PRINTER'S NO. 1174
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
7
Session of
2023
INTRODUCED BY AUMENT, ARGALL, DUSH, BROOKS, STEFANO, MASTRIANO,
PENNYCUICK, ROTHMAN, MARTIN, HUTCHINSON AND J. WARD,
APRIL 20, 2023
SENATOR ARGALL, EDUCATION, AS AMENDED, OCTOBER 18, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in terms and courses of study,
providing for parental control relating to instructional
materials and books containing sexually explicit content.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1529. Parental Control Relating to Instructional
Materials and Books Containing Sexually Explicit Content.--(a)
The governing body of a school entity shall develop a public
policy that provides parental control of instructional materials
and books containing sexually explicit content and includes
information, guidance, procedures and standards relating to:
(1) Directly identifying specific instructional materials
containing sexually explicit subjects CONTENT that are used by
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or made available to students at schools in the school entity.
(2) Directly identifying books within libraries of the
schools containing sexually explicit content that are used by or
made available to students at schools in the school entity.
(3) Implementing the use of an opt-in form to ensure
parental control of sexually explicit content. The following
shall apply:
(i) A student shall be prohibited from being provided or
having access to sexually explicit content in the classroom or
library unless a parent or legal guardian has signed and
returned an opt-in form providing their permission.
(ii) If the student's parent or legal guardian does not give
permission for the student to be provided or have access to
sexually explicit content or the parent or legal guardian has
not submitted a completed opt-in form, the student shall be
provided with alternative nonexplicit instructional materials
and related activities.
(iii) The opt-in form must include the following language:
By signing this document I am giving permission for my child
to be provided books, handouts and instructional material
that may include written or visual depictions of sexual
conduct. Sexual conduct is defined in law as "Acts of
masturbation, sexual intercourse, sexual bestiality or
physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks, or, if the person is a
female, breast."
(iv) The opt-in form must include a list of book titles and
materials scheduled to be used as part of curriculum and class
discussion or available within the school that meet the
definition of sexually explicit content.
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(4) Permitting the parent or legal guardian of a student to
review instructional materials and library books that contain
sexually explicit content upon request.
(b) Prior to adopting the policies required under this
section, the governing body of a school entity shall seek input
at a public forum to ensure that the policies are consistent
with this section and adopted no later than August 30, 2023
2024 .
(c) Nothing in this section shall be construed to:
(1) Prohibit a school entity from implementing additional
transparency measures for sexually explicit content.
(2) Prohibit a school entity from determining that sexually
explicit content is not appropriate for minors or students of
certain ages within the school entity, notwithstanding if the
content would not violate other laws.
(3) Permit the distribution of sexually explicit materials
to minors that are prohibited by other law.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"School entity." A school district, intermediate unit, joint
school, area career and technical school, charter school,
regional charter school or cyber charter school.
"Sexual conduct." Acts of masturbation, sexual intercourse,
sexual bestiality or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks or, if the person is a
female, breast.
"Sexually explicit content." The term shall include the
following:
(1) Materials that contain visual or visually implied
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depictions of sexual conduct or simulations of sexual conduct.
(2) Materials that contain explicit AND EXCESSIVE written
descriptions of sexual conduct.
(3) Materials that contain visual depictions of nudity
accessible to minors in kindergarten through grade eight.
Section 2. This act shall take effect in 60 days.
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