Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H544 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 3
2	2	HOUSE DOCKET, NO. 3874 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 544
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James J. O'Day and Vanna Howard
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 healthy youth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James J. O'Day14th Worcester1/20/2023Vanna Howard17th Middlesex1/20/2023Mindy Domb3rd Hampshire1/21/2023Sean Garballey23rd Middlesex1/21/2023Jack Patrick Lewis7th Middlesex1/21/2023Lindsay N. Sabadosa1st Hampshire1/21/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/23/2023Kenneth I. Gordon21st Middlesex1/25/2023Patricia A. Duffy5th Hampden1/25/2023Daniel M. Donahue16th Worcester1/25/2023Susannah M. Whipps2nd Franklin1/25/2023Steven Ultrino33rd Middlesex1/25/2023Sal N. DiDomenicoMiddlesex and Suffolk1/26/2023Samantha Montaño15th Suffolk1/26/2023Steven Owens29th Middlesex1/26/2023Frank A. Moran17th Essex1/26/2023Edward R. Philips8th Norfolk1/26/2023Jay D. Livingstone8th Suffolk1/26/2023 2 of 3
16	16	Tram T. Nguyen18th Essex1/26/2023Michael J. BarrettThird Middlesex1/26/2023David Henry Argosky LeBoeuf17th Worcester1/27/2023Christine P. Barber34th Middlesex1/27/2023David M. Rogers24th Middlesex1/30/2023Margaret R. Scarsdale1st Middlesex1/30/2023Ryan M. Hamilton15th Essex1/30/2023Jason M. LewisFifth Middlesex2/1/2023David Paul Linsky5th Middlesex2/1/2023Erika Uyterhoeven27th Middlesex2/1/2023Mike Connolly26th Middlesex2/3/2023Antonio F. D. Cabral13th Bristol2/3/2023Andres X. Vargas3rd Essex2/3/2023Kevin G. Honan17th Suffolk2/3/2023Thomas M. Stanley9th Middlesex2/3/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/3/2023Christopher M. Markey9th Bristol2/3/2023James C. Arena-DeRosa8th Middlesex2/6/2023Ruth B. Balser12th Middlesex2/6/2023Adrian C. Madaro1st Suffolk2/6/2023Jon Santiago9th Suffolk2/7/2023Mary S. Keefe15th Worcester2/7/2023James K. Hawkins2nd Bristol2/7/2023Michelle M. DuBois10th Plymouth2/7/2023Natalie M. Blais1st Franklin2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023Kay Khan11th Middlesex2/9/2023John Barrett, III1st Berkshire2/9/2023James B. EldridgeMiddlesex and Worcester2/9/2023Dylan A. FernandesBarnstable, Dukes and Nantucket2/10/2023Priscila S. Sousa6th Middlesex2/14/2023Kate Donaghue19th Worcester2/14/2023Rob Consalvo14th Suffolk2/14/2023Patrick Joseph Kearney4th Plymouth2/16/2023Kate Lipper-Garabedian32nd Middlesex2/22/2023Christopher Richard Flanagan1st Barnstable2/23/2023Natalie M. Higgins4th Worcester2/28/2023Shirley B. Arriaga8th Hampden2/28/2023Russell E. Holmes6th Suffolk3/1/2023 3 of 3
17	17	Paul R. FeeneyBristol and Norfolk3/2/2023Daniel Cahill10th Essex3/4/2023Brandy Fluker Oakley12th Suffolk3/9/2023 1 of 5
18	18	HOUSE DOCKET, NO. 3874 FILED ON: 1/20/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 544
20	20	By Representatives O'Day of West Boylston and Howard of Lowell, a petition (accompanied by
21	21	bill, House, No. 544) of James J. O'Day, Vanna Howard and others that certain schools develop
22	22	written policies ensuring parental or legal guardian notification of comprehensive sexual health
23	23	education. Education.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to healthy youth.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition,
33	33	2is hereby amended by striking out section 32A and inserting in place thereof the following
34	34	3sections:-
35	35	4 Section 32A. A city, town, regional school district, vocational school district or charter
36	36	5school implementing or maintaining a curriculum that primarily involves human sexual
37	37	6education or human sexuality issues shall adopt a written policy ensuring parental or legal
38	38	7guardian notification of the comprehensive sexual health education provided by the school, the
39	39	8right of the parent or legal guardian to withdraw a student from all or part of the instruction, and
40	40	9the notification process to the school for withdrawal. The policy shall also include a process for
41	41	10parents and legal guardians to inspect the program instruction materials prior to the start of the
42	42	11course, if the parent or legal guardian requests to review the materials. 2 of 5
43	43	12 To the extent possible, such notification shall be provided in English and in other
44	44	13commonly spoken languages spoken by parents and guardians. Annually, no later than
45	45	14September 1, the policy shall be distributed to parents or guardians of a student in a grade that
46	46	15includes a comprehensive sexual health education curriculum during the upcoming academic
47	47	16year; provided, however, that parents or guardians shall not have less than 30 days notification
48	48	17prior to the start of such instruction. The policy shall be distributed in the same manner as any
49	49	18student handbook that is distributed to students. If student handbooks are not distributed in a
50	50	19certain grade, the policy shall be distributed in the same manner as other notices provided to
51	51	20parents and guardians at the start of the school year. Upon adoption or amendment, a copy of
52	52	21each district’s policy, including the name of the comprehensive sexual health education
53	53	22curriculum being used, shall be sent to the department of elementary and secondary education.
54	54	23 If a parent or guardian withdraws a student from all or part of the comprehensive sexual
55	55	24health education curriculum, the student shall not be subject to disciplinary action, academic
56	56	25penalty or any other sanction. An alternative educational activity shall be made available to
57	57	26students who have been withdrawn from instruction.
58	58	27 Section 32B. (a) For the purposes of this section, the following terms shall, unless the
59	59	28context clearly requires otherwise, have the following meanings:
60	60	29 “Age-appropriate”, topics, messages, and teaching methods suitable to particular ages or
61	61	30age groups of children and adolescents, based on developing cognitive, emotional, social, and
62	62	31behavioral capacity typical for that age or age group.
63	63	32 “Department”, the department of elementary and secondary education. 3 of 5
64	64	33 “Medically accurate”, supported by peer-reviewed research conducted in compliance
65	65	34with accepted scientific methods and recognized as accurate and objective by leading medical,
66	66	35psychological, psychiatric and public health organizations and agencies and, if relevant,
67	67	36published in peer-reviewed journals.
68	68	37 (b) For the purposes of this section, a curriculum’s discussions of the terms “consent,”
69	69	38“gender expression,” “gender identity” and “sexual orientation” shall be construed consistently
70	70	39with the terms as used or defined in the annual report of the commission on lesbian, gay,
71	71	40bisexual, transgender, queer and questioning youth established under section 67 of chapter 3.
72	72	41 (c) A city, town, regional school district, vocational school district, or charter school that
73	73	42offers sexual health education shall provide a medically accurate, age-appropriate,
74	74	43comprehensive sexual health education. Sexual health education shall be appropriate for students
75	75	44regardless of gender, race, disability status, sexual orientation, or gender identity and shall
76	76	45include, but not be limited to, teaching: (i) physical, social, and emotional changes of human
77	77	46development; (ii) human anatomy, reproduction, and sexual development; (iii) the benefits of
78	78	47abstinence and delaying sexual activity, the prevention of sexually transmitted infections,
79	79	48including, but not limited to, human immunodeficiency virus and acquired immune deficiency
80	80	49syndrome, and unintended pregnancy, including, but not limited to, the effective use of
81	81	50contraceptives and barrier methods; (iv) ways to effectively discuss safe sexual activity; (v)
82	82	51relationship and communication skills to form healthy, respectful relationships free of violence,
83	83	52coercion, and intimidation and to make healthy decisions about relationships and sexuality,
84	84	53including, but not limited to, affirmative, conscious and voluntary consent to engage in physical
85	85	54or sexual activity; (vi) skills to recognize and prevent dating violence; and (vii) age-appropriate
86	86	55information about gender identity and sexual orientation for all students, including affirmative 4 of 5
87	87	56education that people have different sexual orientations, gender identities, and gender
88	88	57expressions, and information about resources and support services for all students, including but
89	89	58not limited to lesbian, gay, bisexual, transgender, intersex/agender, queer and questioning
90	90	59students. Sexual health education shall incorporate opportunities for students to analyze societal
91	91	60and media messages.
92	92	61 (d) Any city, town, regional school district, vocational school district or charter school
93	93	62that utilizes curricula consistent with the Massachusetts Comprehensive Health Curriculum
94	94	63Framework health shall comply with this section.
95	95	64 (e) The department shall promulgate rules to implement, administer, and ensure
96	96	65compliance with the provisions of this section.
97	97	66 (f) The department may determine minimum education and training qualifications for
98	98	67sexual health education instructors.
99	99	68 (g) Pursuant to section 1E of chapter 69, the board of elementary and secondary
100	100	69education shall direct the commissioner to review and update the Massachusetts Comprehensive
101	101	70Health Curriculum Framework, including provisions relative to sexual health education
102	102	71consistent with this section, upon the effective date of this act and at least every 10 years
103	103	72thereafter.
104	104	73 SECTION 2. Section 1I of Chapter 69 of the General Laws, as so appearing, is hereby
105	105	74amended by inserting after the last paragraph the following:- Beginning the first academic year
106	106	75following the effective date of this act, each city, town, regional school district, vocational school
107	107	76district, or charter school shall file an annual report with the department regarding sexual health
108	108	77education in the city, town, district, or charter school by a date and in a format to be determined 5 of 5
109	109	78by the board of elementary and secondary education. Said report shall include, but not be limited
110	110	79to, the following data for each city, town, regional school district, vocational school district, or
111	111	80charter school, by grade level: (1) the name and a description of any sexual health education
112	112	81curricula offered; (2) the approximate number of hours spent on sexual health education; (3) the
113	113	82number of students enrolled in sexual health education; and (4) the number of students who
114	114	83withdrew from sexual health education, pursuant to section 32A.
115	115	84 SECTION 3. This act shall take effect for the academic year immediately following its
116	116	85passage.