Text of MA S 268 (2024)

1 of 2 SENATE DOCKET, NO. 2199 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 268 The Commonwealth of Massachusetts _________________ PRESENTED BY: Sal N. DiDomenico _________________ 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: Sal N. DiDomenico Middlesex and Suffolk Robyn K. Kennedy First Worcester 1/23/2023 Rebecca L. Rausch Norfolk, Worcester and Middlesex 1/23/2023 Jack Patrick Lewis 7th Middlesex 1/23/2023 Susannah M. Whipps 2nd Franklin 1/25/2023 Michael J. Barrett Third Middlesex 1/27/2023 Patricia D. Jehlen Second Middlesex 1/27/2023 Vanna Howard 17th Middlesex 1/31/2023 Jason M. Lewis Fifth Middlesex 1/31/2023 Joanne M. Comerford Hampshire, Franklin and Worcester 2/6/2023 Thomas M. Stanley 9th Middlesex 2/6/2023 Pavel M. Payano First Essex 2/6/2023 Mike Connolly 26th Middlesex 2/6/2023 James K. Hawkins 2nd Bristol 2/8/2023 James J. O'Day 14th Worcester 2/10/2023 James B. Eldridge Middlesex and Worcester 2/10/2023 John F. Keenan Norfolk and Plymouth 2/14/2023 Michael O. Moore Second Worcester 2/21/2023 2 of 2 Paul R. Feeney Bristol and Norfolk 3/2/2023 Cindy F. Friedman Fourth Middlesex 3/3/2023 1 of 5 SENATE DOCKET, NO. 2199 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 268 By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 268) of Sal N. DiDomenico, Robyn K. Kennedy, Rebecca L. Rausch, Jack Patrick Lewis and other members of the General Court for legislation relative to healthy youth. Education. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 2541 OF 2021-2022.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ 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 on even years with the department regarding sexual 5 health education in the city, town, district or charter school by a date and in a format to be 6 determined by the board of elementary and secondary education. The report shall include, but not 7 be limited to, for each city, town, regional school district, vocational school district and charter 8 school, by grade level: (i) the name and a description of any sexual health education curricula 9 offered; (ii) the approximate number of hours spent on sexual health education; (iii) the number 2 of 5 10 of students enrolled in sexual health education; and (iv) the number of students who withdrew 11 from sexual health education pursuant to section 32A of chapter 71. 12 The commissioner shall make the data collected pursuant to this section available to the 13 public on the department’s website and transmit the data to the department of public health 14 within 30 days of the date established for the filing of biennial reports under this section. 15 SECTION 2. Chapter 71 of the General Laws is hereby amended by striking out section 16 32A, as so appearing, and inserting in place thereof the following 2 sections:- 17 Section 32A. A city, town, regional school district, vocational school district or charter 18 school implementing or maintaining a curriculum that primarily involves human sexual 19 education or human sexuality issues shall adopt a written policy ensuring that parents and 20 guardians are notified of: (i) the comprehensive sexual health education provided by the school; 21 (ii) the right of a parent or guardian to withdraw a student from all or part of the instruction; and 22 (iii) the process for a parent or guardian to notify the school of a student’s withdrawal. The 23 policy shall also include a process for a parent or guardian to inspect the program’s instruction 24 materials prior to the start of the course if the parent or guardian requests to review the materials. 25 To the extent possible, such notification shall be provided in English and in other 26 commonly spoken languages spoken by parents and guardians of students in the district or 27 charter school. Annually, not later than September 1, the policy shall be distributed to the parents 28 and guardians of students in a grade that includes a comprehensive sexual health education 29 curriculum during the upcoming academic year. The policy shall be distributed in the same 30 manner as any student handbook that is distributed to students. If student handbooks are not 3 of 5 31 distributed in a certain grade, the policy shall be distributed in the same manner as other notices 32 provided to parents and guardians at the start of the school year. 33 Each district and charter school shall send a copy of its policy, including, if applicable, 34 the name of the comprehensive sexual health education curriculum being used, to the department 35 of elementary and secondary education upon adoption of the policy and upon any amendment of 36 the policy. 37 If a parent or guardian withdraws a student from all or part of the comprehensive sexual 38 health education curriculum, the student shall not be subject to disciplinary action, academic 39 penalty or any other sanction. An alternative educational activity shall be made available to any 40 student who has been withdrawn from the sexual health education instruction. 41 Section 32B. (a) For the purposes of this section, the following terms shall have the 42 following meanings unless the context clearly requires otherwise: 43 “Age-appropriate”, topics, messages and teaching methods that are suitable to particular 44 ages or age groups of children and adolescents and based on developing cognitive, emotional, 45 social and behavioral capacity typical for that age or age group. 46 “Department”, the department of elementary and secondary education. 47 “Medically accurate”, supported by peer-reviewed research conducted in compliance 48 with accepted scientific methods and recognized as accurate and objective by leading medical, 49 psychological, psychiatric and public health organizations and agencies and, if relevant, 50 published in peer-reviewed journals. 4 of 5 51 (b) For the purposes of this section, a curriculum’s discussions of the terms “consent,” 52 “gender expression,” “gender identity” and “sexual orientation” shall be construed consistently 53 with the terms as used or defined in the annual report of the commission on lesbian, gay, 54 bisexual, transgender, queer and questioning youth established under section 67 of chapter 3. 55 (c) A city, town, regional school district, vocational school district or charter school that 56 offers sexual health education shall provide a medically accurate, age-appropriate, 57 comprehensive sexual health education. Sexual health education shall be appropriate for students 58 regardless of gender, race, disability status, sexual orientation or gender identity and shall 59 include, but not be limited to, age-appropriate teaching of: (i) physical, social and emotional 60 changes of human development; (ii) human anatomy, reproduction and sexual development; (iii) 61 the benefits of abstinence and delaying sexual activity, the prevention of sexually transmitted 62 infections, including, but not limited to, human immunodeficiency virus and acquired immune 63 deficiency syndrome, and unintended pregnancy, including, but not limited to, the effective use 64 of contraceptives and barrier methods; (iv) ways to effectively discuss safe sexual activity; (v) 65 relationship and communication skills to form healthy, respectful relationships free of violence, 66 coercion and intimidation and to make healthy decisions about relationships and sexuality, 67 including, but not limited to, affirmative, conscious and voluntary consent to engage in physical 68 or sexual activity; (vi) skills to recognize and prevent dating violence; and (vii) age-appropriate 69 information about: (1) gender identity and sexual orientation for all students, including 70 affirmative education that people have different sexual orientations, gender identities and gender 71 expressions; and (2) resources and support services for all students, including, but not limited to, 72 lesbian, gay, bisexual, transgender, intersex, agender, queer and questioning students. Sexual 5 of 5 73 health education shall incorporate opportunities for students to analyze societal and media 74 messages. 75 (d) Any city, town, regional school district, vocational school district or charter school 76 that utilizes curricula consistent with the Massachusetts Comprehensive Health Curriculum 77 Framework shall be in compliance with this section. 78 (e) The department shall promulgate rules to implement, administer and ensure 79 compliance with this section. 80 (f) The department may determine minimum education and training qualifications for 81 sexual health education instructors. 82 (g) Pursuant to section 1E of chapter 69, the board of elementary and secondary 83 education shall review and update the Massachusetts Comprehensive Health Curriculum 84 Framework, including provisions relative to sexual health education consistent with this section, 85 not less than once every 10 years. 86 SECTION 3. The board of elementary and secondary education shall begin to review and 87 update the Massachusetts Comprehensive Health Curriculum Framework pursuant to subsection 88 (g) of section 32B of chapter 71 of the General Laws upon the effective date of this act. 89 SECTION 4. This act shall take effect for the academic year immediately following its 90 passage.