PRINTER'S NO. 2034
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1586
Session of
2019
INTRODUCED BY SIMS, DALEY, RABB, SCHLOSSBERG, DONATUCCI, BURGOS,
KINSEY, A. DAVIS, SOLOMON, ISAACSON, McCLINTON, HILL-EVANS,
KIRKLAND, BRIGGS, KRUEGER, FRANKEL, COMITTA, CEPHAS, DAWKINS,
HOHENSTEIN, MADDEN, ROZZI, FITZGERALD, YOUNGBLOOD, STURLA,
SHUSTERMAN AND OTTEN, JUNE 6, 2019
REFERRED TO COMMITTEE ON EDUCATION, JUNE 6, 2019
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 sexual health education; in sexual violence
education at institutions of higher education, further
providing for education program; and imposing duties on the
Department of Education and the Department of Health.
The General Assembly finds and declares as follows:
(1) Discussions between youth and their parents or
guardians is the most important way to help youth make
responsible and healthy life decisions.
(2) However, Pennsylvania's schools and other community
groups also have a responsibility to help ensure that the
youth have the knowledge and skills necessary to enable them
to make informed life decisions, to protect their health, to
prevent unintended pregnancy and to reduce the risk of
sexually transmitted infections (STIs).
(3) Research has identified highly effective sex
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education and HIV prevention programs that positively affect
multiple behavioral outcomes and achieve positive health
impacts, which include the delay of sexual activity, a
reduction in the frequency of sex, the number of partners and
the incidence of unprotected sex and an increase in use of
condoms and contraception among sexually active participants.
Long-term outcomes and impacts include lower STI and
unintended pregnancy rates.
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 1512.2. Sexual Health Education.--(a) Each school
shall provide students with sexual health education that meets
the following criteria:
(1) Information presented is medically accurate and
evidence-based, including, but not limited to:
(i) The effectiveness, safety, proper use, health benefits
and side effects of all contraceptive methods approved by the
Food and Drug Administration for preventing unintended
pregnancy.
(ii) Information about sexually transmitted infections
(STIs), including how STIs are and are not transmitted and the
effectiveness of various risk-reducing strategies, including
medication approved by the Food and Drug Administration such as
preexposure prophylaxis (PrEP) medication and postexposure
prophylaxis (PEP) medication.
(2) Instruction and materials:
(i) Are age-appropriate.
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(ii) Include the following information:
(A) The anatomy and physiology of the human body,
particularly as it relates to human reproductive organs and
functions.
(B) The benefits of and reasons for delaying sexual
activity.
(C) That not engaging in sexual activity is the only
completely reliable way to prevent pregnancy and to reduce the
risk of contracting STIs, including HIV.
(D) The effect of alcohol and drug use on decision making
and partner communication.
(E) The importance of healthy relationships that are based
on mutual respect and open communication.
(F) Relevant elementary education topics such as friendship,
body parts, puberty and "good touch versus bad touch."
(G) Up-to-date information on available local resources for
sexual and reproductive health care, including how to access the
resources and the legal rights afforded to individuals accessing
the resources and resources available for victims of sexual
harassment or assault.
(H) Up-to-date contact information for the school's Title IX
Coordinator.
(iii) Address healthy relationships and social pressures
related to sexual behaviors.
(iv) Establish an affirmative consent standard that includes
the following information:
(A) Both parties are responsible for obtaining affirmative
consent before proceeding with any sexual activity, including
between individuals who have previously engaged in sexual
activity with one another.
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(B) The absence of protest or resistance does not constitute
affirmative consent.
(C) Past sexual relations and existing relationships are not
indicative of affirmative consent.
(v) Emphasize the dangers and risks of sexting. The emphasis
shall include the following information:
(A) Images are easily shared and can be made publicly
available online.
(B) Once distributed online, images can be difficult to
remove.
(C) Consequences of sexting may include charges of criminal
activity, such as child pornography and disseminating of
indecent material to minors.
(vi) Discuss sexual activity as it relates to risk for STIs
and unintended pregnancy.
(vii) Encourage students to communicate with parents,
guardians, health care providers and other youth-serving or
trusted adults about sexuality without jeopardizing the
student's safety and well-being.
(viii) Are inclusive and do not promote bias against
students, regardless of race, religion, national origin, gender,
gender identity, gender expression, sexual orientation, sexual
expression or disability.
(3) Instructors are permitted to answer in good faith any
questions initiated by students that are germane to the material
of the course.
(b) (1) If the parent or guardian of a student under 18
years of age provides a written request to the school that the
student be excused from all or any part of sexual health
education, the student shall be excused from all or any part of
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the sexual health education required under subsection (a) and
may not be subject to disciplinary action or academic penalty
for not participating in sexual health education instruction.
(2) The following shall be made publicly available to
students, parents and guardians through the school district's
publicly accessible Internet website, if available, the school
district's student manual or by other means of communication
currently used by the school district:
(i) information about the school district's sexual health
education instruction, including curriculum, information being
provided to students and a list of written and audio-visual
materials used for the education; and
(ii) a form for excusing a student under 18 years of age
from all or any part of sexual health education.
(c) The Department of Education, in consultation with the
Department of Health, shall develop and maintain a list of
sexual health education curricula consistent with the
requirements of this section. The list shall be updated at least
annually and made available on the Department of Education's
publicly accessible Internet website. The Department of
Education shall promulgate rules necessary to provide oversight
and to implement and administer the provisions of this section.
(d) Money appropriated by the General Assembly for sexual
health education shall not contravene the provisions of this
section and may not be used for health education programs that:
(1) withhold health-promoting or lifesaving information
about sexuality related topics, including HIV;
(2) are medically inaccurate or have been scientifically
shown to be ineffective;
(3) promote gender or racial stereotypes and biases;
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(4) are insensitive or unresponsive to the needs of sexually
active young people, survivors of sexual violence, youth of all
physical, developmental and mental abilities or youth of all
gender identities, gender expressions or sexual orientations; or
(5) are inconsistent with the ethical imperatives of
medicine and public health.
(e) (1) Local school districts shall approve and select
curricula, textbooks and instructional materials from the list
maintained by the Department of Education under subsection (c).
(2) The curricula selected must be consistent with the
educational criteria required under subsection (a).
(f) Each school shall include comprehensive sexual education
training within the professional education plan under section
1205.1 and continuing professional education program under
section 1205.2 for teachers certified to teach health and sexual
education.
(g) Nothing in this section shall limit a student's ability
or right to seek or have access to counseling services.
Notwithstanding any other provision of this section, a parent or
guardian may not opt out a student from counseling services.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
(1) "Affirmative consent" shall mean an affirmative, willing
and conscious ongoing agreement between both parties of legal
age to engage in sexual activity.
(2) "Age-appropriate" shall mean topics, messages and
teaching methods suitable to particular ages or groups of
children and adolescents, based on developing cognitive,
emotional and behavioral capacity typical for the age or age
group.
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(3) "Comprehensive sexual education" shall mean instruction
which:
(i) addresses the physical, mental, emotional and social
aspects of human sexuality;
(ii) is designed to motivate and assist students in
maintaining and improving their sexual health, preventing
disease and reducing sexual health-related risk behaviors; and
(iii) enables and empowers students to develop and
demonstrate sexual health-related knowledge, attitudes, skills
and practices that are age-appropriate.
(4) "Gender expression" shall mean the expression of an
individual's gender, which may be through behavior, clothing,
haircut or voice and may not conform to socially defined
behaviors and characteristics typically associated with being
either masculine or feminine.
(5) "Gender identity" shall mean the internal sense of an
individual regarding whether the individual is female, male, a
combination of male and female, neither, or another gender
altogether, regardless of the individual's designated sex at
birth or gender expression.
(6) "Healthy relationship" shall mean an interpersonal
relationship that is based on mutual respect and open
communication and is free of physical abuse, sexual abuse,
emotional abuse, coercion and violence.
(7) "Inclusive" shall mean sexual health education
curriculum which ensures that students from historically
marginalized communities are reflected in classroom materials
and lessons.
(8) "Medically accurate" shall mean information supported by
peer-reviewed research conducted in compliance with accepted
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scientific methods and recognized as accurate by leading
professional organizations and agencies with relevant
experience, including the American Medical Association and the
Department of Health.
(9) "School" shall mean any public school, including a
charter school or cyber charter school, intermediate unit or
area vocational-technical school operating within this
Commonwealth.
(10) "Sexting" shall mean the procurement or distribution of
sexually explicit photographs or messages via electronic means
such as a cell phone.
(11) "Sexual health" shall mean a state of physical, mental
and social well-being in relation to sexuality, requiring a
positive and respectful approach to sexuality and sexual
relationships that are free of coercion, discrimination and
violence.
(12) "Sexual orientation" shall mean an individual's
attraction, including physical and emotional attraction, to
other people of the same gender, a different gender or all
genders.
(13) "STIs" Shall mean an infectious disease that spreads
from person to person during sexual contact.
Section 2. Section 2003-G(a)(2) of the act is amended to
read:
Section 2003-G. Education program.
(a) General rule.--Institutions of higher education and
private licensed schools shall establish a sexual violence
awareness educational program. Institutions of higher education
and private licensed schools may collaborate with a Statewide
nonprofit organization, local rape crisis center or local sexual
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assault program that arranges for the provision of services to
sexual violence and rape victims in the development of a sexual
violence awareness education program. Each education program
shall provide the following:
* * *
(2) A discussion of affirmative sexual consent,
including [an explanation that the victim is not at fault]
the information contained in the affirmative consent standard
under section 1512.2(a)(2)(iv).
* * *
Section 3. The addition of section 1512.2 of the act shall
apply to school years beginning after the effective date of this
section.
Section 4. This act shall take effect in 90 days.
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