| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 4058 FILED ON: 1/20/2023 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 462 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | David F. DeCoste |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act relative to securing parental consent for human sexuality education. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:David F. DeCoste5th Plymouth1/20/2023Colleen M. Garry36th Middlesex2/16/2023Kelly W. Pease4th Hampden3/2/2023 1 of 3 |
|---|
| 16 | 16 | | HOUSE DOCKET, NO. 4058 FILED ON: 1/20/2023 |
|---|
| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 462 |
|---|
| 18 | 18 | | By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 462) of |
|---|
| 19 | 19 | | David F. DeCoste, Colleen M. Garry and Kelly W. Pease relative to securing parental consent |
|---|
| 20 | 20 | | for human sexuality education. Education. |
|---|
| 21 | 21 | | The Commonwealth of Massachusetts |
|---|
| 22 | 22 | | _______________ |
|---|
| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
|---|
| 24 | 24 | | (2023-2024) |
|---|
| 25 | 25 | | _______________ |
|---|
| 26 | 26 | | An Act relative to securing parental consent for human sexuality education. |
|---|
| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 28 | 28 | | of the same, as follows: |
|---|
| 29 | 29 | | 1 SECTION 1. The first sentence of Section 32A of Chapter 71 of the General Laws, as |
|---|
| 30 | 30 | | 2appearing in the 2020 Official Edition, is hereby amended by inserting after the word “primarily” |
|---|
| 31 | 31 | | 3the following words:-involves human sexual education or human sexuality issues and shall adopt |
|---|
| 32 | 32 | | 4a policy ensuring notification to a parent or guardian and requiring the consent of such parent or |
|---|
| 33 | 33 | | 5guardian for their child’s participation. |
|---|
| 34 | 34 | | 6 SECTION 2. The first paragraph of said section 32A, as so appearing, is hereby amended |
|---|
| 35 | 35 | | 7by striking out the last sentence. |
|---|
| 36 | 36 | | 8 SECTION 3. The first sentence of the third paragraph of said section 32A, as so |
|---|
| 37 | 37 | | 9appearing, is hereby further amended by striking out the following words: “To the extent |
|---|
| 38 | 38 | | 10practicable,” and inserting in place thereof the word:-“All”. 2 of 3 |
|---|
| 39 | 39 | | 11 SECTION 4. The first sentence of the third paragraph of said section 32A, as so |
|---|
| 40 | 40 | | 12appearing, is hereby further amended by inserting after the word “review,” the following words:- |
|---|
| 41 | 41 | | 13at least 21 days before the planned instruction. |
|---|
| 42 | 42 | | 14 SECTION 5. Said Chapter 71, as so appearing, is hereby further amended by inserting |
|---|
| 43 | 43 | | 15after section 32A the following section:- |
|---|
| 44 | 44 | | 16 Section 32B. (a) Notification to a parent or guardian and a request for their consent shall |
|---|
| 45 | 45 | | 17be provided by mail, phone call, or United States mail at least 21 days before a presentation |
|---|
| 46 | 46 | | 18involving human sexual education or human sexuality issues. |
|---|
| 47 | 47 | | 19 (b) Notification to a parent or guardian and a request for their consent shall explicitly |
|---|
| 48 | 48 | | 20identify the topics of abortion, birth control, and laws regarding minors’ reproductive health |
|---|
| 49 | 49 | | 21when these topics are included in a presentation involving human sexual education or human |
|---|
| 50 | 50 | | 22sexuality issues. |
|---|
| 51 | 51 | | 23 (c) Notification to a parent or guardian and a request for their consent shall |
|---|
| 52 | 52 | | 24include the names of agencies to which a student may be referred for reproductive health issues, |
|---|
| 53 | 53 | | 25including birth control, abortion, and reproductive health services. |
|---|
| 54 | 54 | | 26 (d) A parent or guardian shall provide consent in writing for their child to attend a |
|---|
| 55 | 55 | | 27presentation involving human sexual education or human sexuality issues. No child shall be |
|---|
| 56 | 56 | | 28penalized if their parent or guardian declines to give permission for them to participate in such |
|---|
| 57 | 57 | | 29presentation. |
|---|
| 58 | 58 | | 30 (e) Each school district’s website shall identify objectives related to abortion, birth |
|---|
| 59 | 59 | | 31control, and laws for minors’ consent for reproductive health-care services when these topics are 3 of 3 |
|---|
| 60 | 60 | | 32included in “Health curriculum,” “Wellness education,” “Personal Responsibility Education |
|---|
| 61 | 61 | | 33Programs,” and similar or related programs. |
|---|
| 62 | 62 | | 34 (f) For each violation of this policy and for each child affected, a school district shall pay |
|---|
| 63 | 63 | | 35to each aggrieved parent or guardian the amount of two thousand five hundred dollars. |
|---|