Text of MA H 656 (2025)

1 of 2 HOUSE DOCKET, NO. 947 FILED ON: 1/14/2025 HOUSE . . . . . . . . . . . . . . . No. 656 The Commonwealth of Massachusetts _________________ PRESENTED BY: James J. O'Day and Vanna Howard _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to healthy youth. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: James J. O'Day 14th Worcester 1/14/2025 Lindsay N. Sabadosa 1st Hampshire 1/14/2025 Mindy Domb 3rd Hampshire 1/27/2025 Natalie M. Higgins 4th Worcester 1/28/2025 Samantha Montaño 15th Suffolk 2/4/2025 Danillo A. Sena 37th Middlesex 2/4/2025 Erika Uyterhoeven 27th Middlesex 2/6/2025 Michelle L. Badger 1st Plymouth 2/6/2025 Manny Cruz 7th Essex 2/10/2025 Jennifer Balinsky Armini 8th Essex 2/12/2025 James C. Arena-DeRosa 8th Middlesex 2/13/2025 Tara T. Hong 18th Middlesex 2/13/2025 Tram T. Nguyen 18th Essex 2/24/2025 David Henry Argosky LeBoeuf 17th Worcester 2/24/2025 Rob Consalvo 14th Suffolk 2/24/2025 Antonio F. D. Cabral 13th Bristol 2/25/2025 Jason M. Lewis Fifth Middlesex 2/27/2025 Christine P. Barber 34th Middlesex 3/4/2025 2 of 2 Sean Garballey 23rd Middlesex 3/7/2025 Kevin G. Honan 17th Suffolk 3/7/2025 1 of 6 HOUSE DOCKET, NO. 947 FILED ON: 1/14/2025 HOUSE . . . . . . . . . . . . . . . No. 656 By Representatives O'Day of West Boylston and Howard of Lowell, a petition (accompanied by bill, House, No. 656) of James J. O'Day, Lindsay N. Sabadosa and others relative to public schools choosing to teach human sexual education or human sexuality issues. Education. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to healthy youth. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 69 of the General Laws is hereby amended by inserting after 2 section 1E the following section:- 3 Section 1E ½. Each city, town, regional school district, vocational school district and 4 charter school shall file a biennial report regarding sexual health education, which shall include, 5 but not be limited to, for each city, town, regional school district, vocational school district and 6 charter school, by grade level: (i) the name and a description of any sexual health education 7 curriculum offered; (ii) the approximate number of hours spent on sexual health education; (iii) 8 the number of students enrolled in sexual health education; and (iv) the number of students who 9 withdrew from sexual health education under section 32A of chapter 71. The report shall be filed 10 with the board of elementary and secondary education each even-numbered year by a date and in 11 a format to be determined by the board. 12 2 of 6 13 The commissioner shall make the data collected under this section available to the public 14 on the department’s website and transmit the data to the department of public health within 30 15 days of the date established by the board for the filing of biennial reports under this section. 16 SECTION 2. Chapter 71 of the General Laws is hereby amended by striking out section 17 32A, as so appearing, and inserting in place thereof the following 2 sections:- 18 Section 32A. A city, town, regional school district, vocational school district or charter 19 school implementing or maintaining a curriculum that primarily involves sexual education shall 20 adopt a written policy ensuring that parents and guardians are notified of: (i) the comprehensive 21 sexual health education offered by the school; (ii) the right of a parent or guardian to withdraw a 22 student from all or part of the instruction; and (iii) the process for a parent or guardian to notify 23 the school of a student’s withdrawal. The policy shall include a process for a parent or guardian, 24 at the parent or guardian’s request, to inspect the instruction materials prior to the start of the 25 course. 26 To the extent possible, such notifications shall be provided in English and in other 27 commonly spoken languages spoken by parents and guardians of students in the district or 28 charter school. Annually, not later than the first day of a school year, the policy shall be 29 distributed to the parents and guardians of students in a grade that includes a comprehensive 30 sexual health education curriculum for said school year. The policy shall be distributed in the 31 same manner as any student handbook that is distributed to students; provided, however, that if 32 student handbooks are not distributed in a certain grade, the policy shall be distributed in the 33 same manner as other notices provided to parents and guardians of students in that grade at the 34 start of the school year. 3 of 6 35 Each district and charter school shall send a copy of its policy, including, if applicable, 36 the name of the comprehensive sexual health education curriculum to the department of 37 elementary and secondary education upon adoption of the policy and upon any amendment of the 38 policy. 39 If a parent or guardian withdraws a student from all or part of the comprehensive sexual 40 health education curriculum, the student shall not be subject to disciplinary action, academic 41 penalty or any other sanction. An alternative educational activity shall be made available to a 42 student who has been withdrawn from the sexual health education instruction. 43 Section 32B. (a) For the purposes of this section, the following terms shall have the 44 following meanings unless the context clearly requires otherwise: 45 46 “Age-appropriate”, topics, messages and teaching methods that are suitable to particular 47 ages or age groups of children and adolescents and based on developing cognitive, emotional, 48 social and behavioral capacity typical for that age or age group. 49 50 “Department”, the department of elementary and secondary education. 51 52 “Medically accurate”, supported by peer-reviewed research conducted in compliance 53 with accepted scientific methods and recognized as accurate and objective by leading medical, 54 psychological, psychiatric and public health organizations and agencies and, if relevant, 55 published in peer-reviewed journals. 4 of 6 56 57 (b) For the purposes of this section, a curriculum’s discussions of the terms “consent”, 58 “gender expression”, “gender identity” and “sexual orientation” shall be construed consistently 59 with the terms as used or defined in the annual report of the commission on lesbian, gay, 60 bisexual, transgender, queer and questioning youth established under section 67 of chapter 3. 61 62 (c) A city, town, regional school district, vocational school district or charter school that 63 offers sexual health curriculum shall provide a medically accurate, age-appropriate, 64 comprehensive sexual health education consistent with the Massachusetts Comprehensive Health 65 and Physical Education Curriculum Framework. Sexual health education shall be appropriate for 66 students regardless of gender, race, disability status, sexual orientation or gender identity and 67 shall include, but not be limited to, age-appropriate teaching of: (i) physical, social and 68 emotional changes of human development; (ii) human anatomy, reproduction and sexual 69 development; (iii) the benefits of abstinence and delaying sexual activity, the prevention of 70 sexually transmitted infections, including, but not limited to, human immunodeficiency virus and 71 acquired immune deficiency syndrome, and the prevention of unintended pregnancy, including, 72 but not limited to, the effective use of contraceptives and barrier methods; (iv) ways to 73 effectively discuss safe sexual activity; (v) relationship and communication skills to form 74 healthy, respectful relationships free of violence, coercion and intimidation and to make healthy 75 decisions about relationships and sexuality, including, but not limited to, affirmative, conscious 76 and voluntary consent to engage in physical or sexual activity; (vi) skills to recognize and 77 prevent dating violence; and (vii) age-appropriate information about: (A) gender identity and 5 of 6 78 sexual orientation for all students, including affirmative education that people have different 79 sexual orientations, gender identities and gender expressions; and (B) resources and support 80 services for all students, including, but not limited to, lesbian, gay, bisexual, transgender, 81 intersex, agender, queer and questioning students. Sexual health education shall incorporate 82 opportunities for students to analyze societal and media messages. 83 84 (d) Any city, town, regional school district, vocational school district or charter school 85 that utilizes curricula consistent with the Massachusetts Comprehensive Health and Physical 86 Education Curriculum Framework shall be in compliance with this section. 87 88 (e) The department shall issue rules to implement, administer and ensure compliance with 89 this section. 90 91 (f) The department may determine minimum education and training qualifications for 92 sexual health education instructors. 93 94 (g) Not less than every 10 years, the board of elementary and secondary education shall 95 review and update the Massachusetts Comprehensive Health and Physical Education Curriculum 96 Framework, including provisions relative to sexual health education consistent with this section, 97 in accordance with section 1E of chapter 69. 6 of 6 98 99 SECTION 3. This act shall take effect for the academic year immediately following its 100 passage.