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PRINTER'S NO. 763
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
620
Session of
2019
INTRODUCED BY DINNIMAN, MUTH, HUGHES, KEARNEY AND SCHWANK,
MAY 10, 2019
REFERRED TO EDUCATION, MAY 10, 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 consent instruction.
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 1528. Consent Instruction.--(a) Beginning with
school year 2020-2021, each public school student shall receive
mandatory instruction in consent every year, in every grade from
kindergarten through grade twelve. Each school entity shall:
(1) Develop age-appropriate consent instruction and
integrate such instruction into the school entity's existing
courses of study for students in kindergarten through grade
twelve. The instruction developed by the school entity shall
include the requirements of consent instruction established in
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subsections (d) and (e).
(2) Include training in consent instruction in the
professional development plan submitted by the school entity to
the secretary for approval in accordance with section 1205.1.
The training included in the school entity's plan for an employe
required to complete continuing professional education shall
provide up to four (4) hours every five (5) years toward the
continuing professional education requirements.
(b) The department, in consultation with at least one
organization knowledgeable on consent, human interaction and
healthy relationships, shall:
(1) Develop age-appropriate model curriculum for instruction
on consent for each grade from kindergarten through grade
twelve, which curriculum may include materials already publicly
available, no later than twelve (12) months after the effective
date of this section.
(2) Make available the model curriculum and other age-
appropriate materials to any school entity as well as post the
model curriculum on the department's publicly accessible
Internet website.
(3) Recommend guidelines and educational materials for the
training provided under subsection (a)(2), which may include
materials already publicly available, no later than twelve
months after the effective date of this section.
(4) Revise the model curriculum and guidelines on consent as
necessary to ensure that the model curriculum provides the most
current information and universally accepted social policies
related to human interactions.
(c) In developing model curriculum under subsection (b),
where appropriate, the department shall include:
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(1) Requirements for consent instruction under subsection
(e).
(2) Notion of consent, affirmative consent, sharing,
boundaries and healthy well-being.
(3) Nonbiased portrayal of a specific gender.
(4) Nonbiased portrayal of a specific relationship.
(5) Prevention of harm and intervention efforts.
(6) Detailed instruction on the need for and the role of
lawful authority and law-abiding behavior.
(7) Detailed information regarding existing laws that
require consent, including, but not limited to, theft,
intimidation, harassment, bullying, hazing, unauthorized
administration of substances, sexting, domestic violence and
dating violence.
(d) In developing and implementing the instruction in
accordance with subsection (a)(1), a school entity may utilize:
(1) Appropriate public or private materials, personnel and
other resources.
(2) Model curriculum developed by the department in
accordance with subsection (b).
(3) Other published curriculum that complies with the
requirements of this section.
(e) Consent instruction shall:
(1) Be age appropriate.
(2) Be sequential in method of study.
(3) Communicate that consent is a fundamental value in all
human relationships.
(4) Communicate the impact of failing to respect personal
boundaries when consent is not obtained or is withheld.
(f) The State Board of Education shall promulgate or revise
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regulations subject to the act of June 25, 1982 (P.L.633,
No.181), known as the "Regulatory Review Act," necessary to
implement this section.
(g) 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:
"Consent." All of the following:
(1) a voluntary yielding to what another individual proposes
or desires;
(2) permission given freely and that has not been coerced;
(3) agreement by an individual in the possession and
exercise of sufficient mental capacity to make an intelligent
choice to do something proposed by another individual; and
(4) approval or permission regarding some act or purpose.
"Department." The Department of Education of the
Commonwealth.
"School entity." A school district, charter school, regional
charter school, cyber charter school, intermediate unit or area
vocational-technical school.
"Secretary." The Secretary of Education of the Commonwealth.
Section 2. This act shall take effect in 60 days.
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