Text of PA SB 293 (2023)

PRINTER'S NO. 267 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 293 Session of 2023 INTRODUCED BY KEARNEY, FONTANA, TARTAGLIONE, COSTA AND KANE, JANUARY 31, 2023 REFERRED TO EDUCATION, JANUARY 31, 2023 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 education. 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 1529. Consent Education.--(a) Beginning with school year 2023-2024, each public school student shall receive mandatory instruction in consent education every year, in every grade from kindergarten through grade twelve. Each school entity shall: (1) Integrate the department's curriculum under subsection (b)(1) into the school entity's existing courses of study for students in kindergarten through grade twelve. (2) Include training in consent education in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 at least four (4) hours every five (5) years toward the continuing professional education requirements. (b) The department, in consultation with at least one reputable organization that incorporates evidence-informed research on human sexuality and youth development into guidelines and age-appropriate sexuality education curricula, the Department of Health and the Department of Drug and Alcohol Programs, shall: (1) Develop age-appropriate curriculum for instruction on consent education 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 curriculum and other age-appropriate materials to any school entity as well as post the 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 curriculum and guidelines on consent as necessary to ensure that the curriculum provides the most current information and universally accepted social policies related to human interactions , both nonrelationship interactions and relationship interactions. (5) The curriculum shall: 20230SB0293PN0267 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (i) Be age appropriate. (ii) Be sequential in method of study and should grow upon the instruction of previous years. (iii) Communicate that consent is a fundamental value in all human relationships. (iv) Communicate the benefits of maintaining communication to ensure ongoing consent as well as the impact of failing to respect personal boundaries when consent is not obtained and maintained or is withheld. (c) In developing curriculum under subsection (b), where appropriate, the department shall include: (1) Notion of consent, affirmative consent, sharing, boundaries and healthy well-being. (2) Positive and affirming examples of individuals and relationships that include all genders and sexual orientations. (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 and intimate partner violence, including domestic violence and dating violence. (8) Detailed information regarding social supports available for students who identify as lesbian, gay, bisexual, pansexual, queer, transgender, nonbinary or other marginalized identities, especially those who have experienced or are currently experiencing violence, bullying, harassment or isolation due to 20230SB0293PN0267 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 their gender, gender expression or sexual orientation. (d) To promote safer and healthier relationships and interactions, consent: (1) should be enthusiastic and informed, meaning the individual has all of the relevant information needed to make and understand the consequences of the individual's decisions; and (2) may be revised or revoked at any time. (e) Consent cannot be given by an individual who is incapacitated by drugs or alcohol or who is unconscious or asleep. (f) Consent for sexual activity cannot be given: (1) to an individual who is over 18 years of age by an individual who is under 16 years of age, which is the age of consent in this Commonwealth; (2) by children who are less than 13 years of age; or (3) to a person four or more years older than a teen who is 13 to 15 years of age. (g) The State Board of Education shall promulgate or revise 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. (h) 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." An ongoing and freely given agreement between two or more individuals to engage in interactions, including, but not limited to, sexual activity. "Department." The Department of Education of the Commonwealth. 20230SB0293PN0267 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 "School entity." A school district, charter school, regional charter school, cyber charter school, intermediate unit or area career and technical school. "Secretary." The Secretary of Education of the Commonwealth. "Sexting." The act of sending or receiving a sexually explicit or suggestive message, image or video via a mobile device, app, social media website or other Internet-based messaging platform. Section 2. This act shall take effect in 60 days. 20230SB0293PN0267 - 5 - 1 2 3 4 5 6 7 8 9