Text of MA S 2113 (2017)

SENATE . . . . . . . . . . . . . . No. 2113 The Commonwealth of Massachusetts ________________________________________ Senate, July 13, 2017. BILL #: S2071 BILL STATUS: Favorable with Amendment DISSENTERS: None ACCOMPANIED BILLS: None For the committee, KAREN E. SPILKA SENATE . . . . . . . . . . . . . . No. 2113 Senate, July 13, 2017 -- The committee on Ways and Means to whom was referred the Senate Bill relative to the promotion of mental health education in Massachusetts high schools (Senate, No. 2071),-- reports, recommending that the same ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2113) The Commonwealth of Massachusetts _______________ In the One Hundred and Ninetieth General Court (2017-2018) _______________ 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 71 of the General Laws is hereby amended by striking out section 2 32A, as appearing in the 2016 Official Edition, and inserting in place thereof the following 2 3 sections:- 4 Section 32A. Every city, town, regional school district, vocational school district or 5 charter school implementing or maintaining a curriculum that primarily involves human sexual 6 education or human sexuality issues shall adopt a written policy ensuring parental or legal 7 guardian notification of the comprehensive sexual health education curriculum provided by the 8 school, the right of the parent or legal guardian to withdraw a student from all or part of the 9 instruction and a clearly articulated notification process for withdrawal by a parent or legal 10 guardian to the school. The policy shall also include a process for parents and legal guardians to 11 inspect the program instruction materials before the start of the course, if the parent or legal 12 guardian requests to review the materials. 13 To the extent possible, such notification shall be provided in English and in other 14 commonly spoken languages by parents and guardians. Annually, not later than September 1, the 15 policy shall be distributed to parents or guardians of a student in a grade that includes 16 comprehensive sexual health education curriculum during the upcoming academic year. The 17 policy shall be distributed in the same manner as a student handbook that is distributed to 18 students. If student handbooks are not distributed in a certain grade, the policy shall be 19 distributed in the same manner as other notices provided to parents and guardians at the start of 20 the school year. Upon adoption or amendment, a copy of each district’s policy shall be sent to 21 the department of elementary and secondary education. 22 If a parent or guardian withdraws a student from all or part of the comprehensive sexual 23 health education curriculum, the student shall not be subject to disciplinary action, academic 24 penalty or any other sanction. An alternative educational activity shall be made available to a 25 student who has been withdrawn from instruction. 26 Section 32B. (a) For the purposes of this section, the following terms shall have the 27 following meanings unless the context clearly requires otherwise: 28 “Age-appropriate”, topics, messages and teaching methods suitable to particular ages or 29 age groups of children and adolescents, based on developing cognitive, emotional and behavioral 30 capacity typical for the age or age group. 31 “Department”, the department of elementary and secondary education. 32 “Medically accurate”, supported by peer-reviewed research conducted in compliance 33 with accepted scientific methods and recognized as accurate and objective by leading medical, 34 psychological, psychiatric and public health organizations and agencies and, if relevant, 35 published in peer-reviewed journals. 36 (b) Each city, town, regional school district, vocational school district or charter school 37 that offers a comprehensive sexual health education curriculum shall provide medically accurate, 38 age-appropriate sexual health education. Sexual health education shall be appropriate for 39 students regardless of gender, race, disability status, sexual orientation or gender identity and 40 shall include, but not be limited to, teaching: (i) physical, social and emotional changes of human 41 development; (ii) human anatomy, reproduction and sexual development; (iii) the benefits of 42 abstinence and delaying sexual activity and the importance of effectively using contraceptives 43 and barrier methods to prevent unintended pregnancy and sexually transmitted infections, 44 including HIV/AIDS; (iv) ways to effectively discuss safe sexual activity; (v) relationship and 45 communication skills to form healthy, respectful relationships free of violence, coercion and 46 intimidation and to make healthy decisions about relationships and sexuality; and (vi) age- 47 appropriate information about gender identity and sexual orientation for all students, including 48 affirmative recognition that people have different sexual orientations, gender identities and 49 gender expressions and information about resources that offer support for lesbian, gay, bisexual, 50 transgender, queer and questioning students. Sexual health education may incorporate 51 opportunities for students to analyze societal and media messages. 52 (c) A city, town, regional school district, vocational school district or charter school that 53 utilizes curricula consistent with the Massachusetts curriculum framework for comprehensive 54 health shall be in compliance with this section. 55 (d) The department may promulgate rules to implement, administer and ensure 56 compliance with this section. 57 SECTION 2. Pursuant to section 1E of chapter 69 of the General Laws, the board of 58 elementary and secondary education shall direct the commissioner to update the health 59 curriculum framework, including provisions relative to sexual health education, consistent with 60 this act. 61 SECTION 3. This act shall take effect for the 2018-2019 school year.