Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S268 Compare Versions

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

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1	1	1 of 2
2	2	SENATE DOCKET, NO. 2199 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 268
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico
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 :Sal N. DiDomenicoMiddlesex and SuffolkRobyn K. KennedyFirst Worcester1/23/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/23/2023Jack Patrick Lewis7th Middlesex1/23/2023Susannah M. Whipps2nd Franklin1/25/2023Michael J. BarrettThird Middlesex1/27/2023Patricia D. JehlenSecond Middlesex1/27/2023Vanna Howard17th Middlesex1/31/2023Jason M. LewisFifth Middlesex1/31/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/6/2023Thomas M. Stanley9th Middlesex2/6/2023Pavel M. PayanoFirst Essex2/6/2023Mike Connolly26th Middlesex2/6/2023James K. Hawkins2nd Bristol2/8/2023James J. O'Day14th Worcester2/10/2023James B. EldridgeMiddlesex and Worcester2/10/2023John F. KeenanNorfolk and Plymouth2/14/2023Michael O. MooreSecond Worcester2/21/2023 2 of 2
16	16	Paul R. FeeneyBristol and Norfolk3/2/2023Cindy F. FriedmanFourth Middlesex3/3/2023 1 of 5
17	17	SENATE DOCKET, NO. 2199 FILED ON: 1/20/2023
18	18	SENATE . . . . . . . . . . . . . . No. 268
19	19	By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 268) of Sal N. DiDomenico,
20	20	Robyn K. Kennedy, Rebecca L. Rausch, Jack Patrick Lewis and other members of the General
21	21	Court for legislation relative to healthy youth. Education.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 2541 OF 2021-2022.]
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 69 of the General Laws is hereby amended by inserting after
33	33	2section 1E the following section:-
34	34	3 Section 1E ½. Each city, town, regional school district, vocational school district and
35	35	4charter school shall file a biennial report on even years with the department regarding sexual
36	36	5health education in the city, town, district or charter school by a date and in a format to be
37	37	6determined by the board of elementary and secondary education. The report shall include, but not
38	38	7be limited to, for each city, town, regional school district, vocational school district and charter
39	39	8school, by grade level: (i) the name and a description of any sexual health education curricula
40	40	9offered; (ii) the approximate number of hours spent on sexual health education; (iii) the number 2 of 5
41	41	10of students enrolled in sexual health education; and (iv) the number of students who withdrew
42	42	11from sexual health education pursuant to section 32A of chapter 71.
43	43	12 The commissioner shall make the data collected pursuant to this section available to the
44	44	13public on the department’s website and transmit the data to the department of public health
45	45	14within 30 days of the date established for the filing of biennial reports under this section.
46	46	15 SECTION 2. Chapter 71 of the General Laws is hereby amended by striking out section
47	47	1632A, as so appearing, and inserting in place thereof the following 2 sections:-
48	48	17 Section 32A. A city, town, regional school district, vocational school district or charter
49	49	18school implementing or maintaining a curriculum that primarily involves human sexual
50	50	19education or human sexuality issues shall adopt a written policy ensuring that parents and
51	51	20guardians are notified of: (i) the comprehensive sexual health education provided by the school;
52	52	21(ii) the right of a parent or guardian to withdraw a student from all or part of the instruction; and
53	53	22(iii) the process for a parent or guardian to notify the school of a student’s withdrawal. The
54	54	23policy shall also include a process for a parent or guardian to inspect the program’s instruction
55	55	24materials prior to the start of the course if the parent or guardian requests to review the materials.
56	56	25 To the extent possible, such notification shall be provided in English and in other
57	57	26commonly spoken languages spoken by parents and guardians of students in the district or
58	58	27charter school. Annually, not later than September 1, the policy shall be distributed to the parents
59	59	28and guardians of students in a grade that includes a comprehensive sexual health education
60	60	29curriculum during the upcoming academic year. The policy shall be distributed in the same
61	61	30manner as any student handbook that is distributed to students. If student handbooks are not 3 of 5
62	62	31distributed in a certain grade, the policy shall be distributed in the same manner as other notices
63	63	32provided to parents and guardians at the start of the school year.
64	64	33 Each district and charter school shall send a copy of its policy, including, if applicable,
65	65	34the name of the comprehensive sexual health education curriculum being used, to the department
66	66	35of elementary and secondary education upon adoption of the policy and upon any amendment of
67	67	36the policy.
68	68	37 If a parent or guardian withdraws a student from all or part of the comprehensive sexual
69	69	38health education curriculum, the student shall not be subject to disciplinary action, academic
70	70	39penalty or any other sanction. An alternative educational activity shall be made available to any
71	71	40student who has been withdrawn from the sexual health education instruction.
72	72	41 Section 32B. (a) For the purposes of this section, the following terms shall have the
73	73	42following meanings unless the context clearly requires otherwise:
74	74	43 “Age-appropriate”, topics, messages and teaching methods that are suitable to particular
75	75	44ages or age groups of children and adolescents and based on developing cognitive, emotional,
76	76	45social and behavioral capacity typical for that age or age group.
77	77	46 “Department”, the department of elementary and secondary education.
78	78	47 “Medically accurate”, supported by peer-reviewed research conducted in compliance
79	79	48with accepted scientific methods and recognized as accurate and objective by leading medical,
80	80	49psychological, psychiatric and public health organizations and agencies and, if relevant,
81	81	50published in peer-reviewed journals. 4 of 5
82	82	51 (b) For the purposes of this section, a curriculum’s discussions of the terms “consent,”
83	83	52“gender expression,” “gender identity” and “sexual orientation” shall be construed consistently
84	84	53with the terms as used or defined in the annual report of the commission on lesbian, gay,
85	85	54bisexual, transgender, queer and questioning youth established under section 67 of chapter 3.
86	86	55 (c) A city, town, regional school district, vocational school district or charter school that
87	87	56offers sexual health education shall provide a medically accurate, age-appropriate,
88	88	57comprehensive sexual health education. Sexual health education shall be appropriate for students
89	89	58regardless of gender, race, disability status, sexual orientation or gender identity and shall
90	90	59include, but not be limited to, age-appropriate teaching of: (i) physical, social and emotional
91	91	60changes of human development; (ii) human anatomy, reproduction and sexual development; (iii)
92	92	61the benefits of abstinence and delaying sexual activity, the prevention of sexually transmitted
93	93	62infections, including, but not limited to, human immunodeficiency virus and acquired immune
94	94	63deficiency syndrome, and unintended pregnancy, including, but not limited to, the effective use
95	95	64of contraceptives and barrier methods; (iv) ways to effectively discuss safe sexual activity; (v)
96	96	65relationship and communication skills to form healthy, respectful relationships free of violence,
97	97	66coercion and intimidation and to make healthy decisions about relationships and sexuality,
98	98	67including, but not limited to, affirmative, conscious and voluntary consent to engage in physical
99	99	68or sexual activity; (vi) skills to recognize and prevent dating violence; and (vii) age-appropriate
100	100	69information about: (1) gender identity and sexual orientation for all students, including
101	101	70affirmative education that people have different sexual orientations, gender identities and gender
102	102	71expressions; and (2) resources and support services for all students, including, but not limited to,
103	103	72lesbian, gay, bisexual, transgender, intersex, agender, queer and questioning students. Sexual 5 of 5
104	104	73health education shall incorporate opportunities for students to analyze societal and media
105	105	74messages.
106	106	75 (d) Any city, town, regional school district, vocational school district or charter school
107	107	76that utilizes curricula consistent with the Massachusetts Comprehensive Health Curriculum
108	108	77Framework shall be in compliance with this section.
109	109	78 (e) The department shall promulgate rules to implement, administer and ensure
110	110	79compliance with this section.
111	111	80 (f) The department may determine minimum education and training qualifications for
112	112	81sexual health education instructors.
113	113	82 (g) Pursuant to section 1E of chapter 69, the board of elementary and secondary
114	114	83education shall review and update the Massachusetts Comprehensive Health Curriculum
115	115	84Framework, including provisions relative to sexual health education consistent with this section,
116	116	85not less than once every 10 years.
117	117	86 SECTION 3. The board of elementary and secondary education shall begin to review and
118	118	87update the Massachusetts Comprehensive Health Curriculum Framework pursuant to subsection
119	119	88(g) of section 32B of chapter 71 of the General Laws upon the effective date of this act.
120	120	89 SECTION 4. This act shall take effect for the academic year immediately following its
121	121	90passage.