PRINTER'S NO. 1433
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1335
Session of
2021
INTRODUCED BY SIMS, BENHAM, RABB, SANCHEZ, KRAJEWSKI, STURLA,
SCHLOSSBERG, LEE, GUENST, ISAACSON, HOHENSTEIN, MADDEN,
MALAGARI AND McCLINTON, MAY 5, 2021
REFERRED TO COMMITTEE ON EDUCATION, MAY 5, 2021
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 the
best decisions for their current and future health, safety
and overall well-being.
(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 and
safety, to facilitate pleasurable and satisfying
relationships while preventing unintended pregnancy, to
reduce the risk of sexually transmitted infections (STIs) and
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to reduce the acts of sexual violence and human trafficking.
(3) Research has identified that the physical and
emotional health of young people is related to their academic
performance. Young people who are able to avoid unintended
pregnancy, STIs, sexual abuse, interpersonal violence and
harassment are more likely to be successful in school.
Furthermore, school-based sexuality education can reduce
bullying, increase understanding of gender and gender norms,
improve knowledge and skills that support healthy
relationships, build child sex abuse prevention skills and
reduce dating and intimate partner violence. Sexuality
education also contributes to facilitating an understanding
of respectful, pleasurable and satisfying relationships
throughout the lifespan.
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. Sexuality Education.--(a) Each school shall
provide students with sexuality 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
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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 and information about Gardasil and
the importance of getting vaccinated against human
papillomavirus (HPV).
(iii) Information about body autonomy, establishing safe
boundaries and recognizing signs of predatory grooming or
coercive behaviors that may lead to victimization.
(iv) Information about sexual violence, human trafficking
and protections and resources for victims.
(2) Instruction and materials:
(i) Are age-appropriate, as determined by sexuality health
experts and recommended by the American Academy of Pediatrics.
(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 and
interpersonal interaction that are based on consent, mutual
respect and open communication.
(F) Relevant elementary education topics such as friendship,
body parts and puberty, including an explanation of menstruation
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and how menstrual products should be used and unwelcome,
unwanted or nonconsensual touching.
(G) Up-to-date information on available local resources for
sexual and reproductive health care and risk reduction and anti-
victimization education , including how to access the resources
and the legal rights afforded to individuals accessing the
resources and resources available for victims of sexual
harassment, assault or violence.
(H) Information about sexual violence and human trafficking
incidence rates, resources for victims and implications for
individuals convicted of sex-related crimes.
(I) Up-to-date contact information for the school's Title IX
Coordinator and information on how to contact the coordinator
and the school's policy regarding a student's privacy rights
when disclosing information to a teacher or counselor.
(iii) Address healthy relationships and social pressures
related to sexual behaviors.
(iv) Establish an affirmative consent standard that includes
the following information:
(A) All 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.
(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
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available online.
(B) Once distributed online, images can be difficult to
remove.
(C) Consequences of sexting may include charges of criminal
activity, such as possession or production of child pornography
and disseminating of indecent material to minors.
(vi) Discuss sexual activity addressing the physical,
mental, emotional and social aspects of human sexuality,
including pleasure and overall well-being, as well as the risk
for STIs and unintended pregnancy.
(vii) Support any student who would like 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.
(4) Information must be medically accurate, evidence-based
and nonjudgmental.
(b) (1) If the parent or guardian of a student under
eighteen (18) years of age , or a student who is eighteen (18)
years of age or older, provides a written request to the school
that the student be excused from all or any part of sexuality
education, the student shall be excused from all or any part of
the sexuality education required under subsection (a) and may
not be subject to disciplinary action or academic penalty for
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not participating in sexuality education instruction. The
school, including a teacher or other employe at the school, may
not provide an opt-out for the student absent the written
request as specified in this section.
(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 sexuality
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 from all or any part of
sexuality education.
(c) The Department of Education, in consultation with the
Department of Health, shall develop and maintain a list of
sexuality 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 sexuality
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 abortion, HIV, sexual
violence or human trafficking;
(2) are medically inaccurate or have been scientifically
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shown to be ineffective;
(3) promote gender, racial or sexual stereotypes and biases;
(4) are insensitive or unresponsive to the needs of:
(i) sexually active young people;
(ii) teen parents;
(iii) youth who have been pregnant or have impregnated
someone else;
(iv) survivors of sexual violence, abuse or human
trafficking;
(v) youth of all physical, developmental and cognitive
abilities; or
(iv) youth of all gender identities, gender expressions or
sexual orientations.
(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 sexuality
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) Each school shall include a sexual violence awareness
educational program. The school may collaborate with local rape
crisis centers, sexual assault programs, sexual violence
programs or human trafficking prevention programs in the
development of the educational curricula.
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(h) 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.
(i) 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 all 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.
(3) "Comprehensive sexuality education" shall mean
instruction which:
(i) addresses the physical, mental, emotional and
sociocultural aspects of human sexuality;
(ii) is designed to motivate and assist students in
maintaining and improving their sexual health, preventing
disease, reducing sexual health-related risk behaviors and
reducing the chance of becoming a victim of sexual violence or
human trafficking;
(iii) enables and empowers students to develop and
demonstrate sexual health-related knowledge, attitudes, skills
and practices that are age-appropriate; and
(iv) is presented in a format accessible to students with
disabilities and students who are English language learners.
(4) "Gender expression" shall mean the expression of an
individual's gender, which may be through behavior, clothing,
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hairstyle 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 a man, a woman, a
boy, a girl, transgender, gender nonconforming or nonbinary,
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, pleasure,
satisfaction, consent and open communication and is free of
physical abuse, sexual abuse, emotional abuse, coercion,
violence and exploitation.
(7) "Inclusive" shall mean sexuality education curriculum
which ensures that students from historically marginalized
communities are reflected in classroom materials and lessons and
that materials are presented to all students in accessible
formats meeting their disability or language needs .
(8) "Medically accurate" shall mean information supported by
peer-reviewed research conducted in compliance with accepted
scientific methods and recognized as accurate by leading
professional organizations and agencies with relevant
experience, including the American Medical Association, the
American Academy of Pediatrics and the Department of Health.
(9) "School" shall mean any public school, including a
charter school or cyber charter school, intermediate unit, area
vocational-technical school or approved private special
education school operating within this Commonwealth.
(10) "Sexting" shall mean the procurement or distribution of
sexually explicit photographs or messages via electronic means
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such as a cell phone , digital application or Internet platform .
(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,
violence and exploitation.
(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
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).
* * *
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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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