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. 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
Paul R. FeeneyBristol and Norfolk3/2/2023Cindy F. FriedmanFourth Middlesex3/3/2023 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
2section 1E the following section:-
3 Section 1E ½. Each city, town, regional school district, vocational school district and
4charter school shall file a biennial report on even years with the department regarding sexual
5health education in the city, town, district or charter school by a date and in a format to be
6determined by the board of elementary and secondary education. The report shall include, but not
7be limited to, for each city, town, regional school district, vocational school district and charter
8school, by grade level: (i) the name and a description of any sexual health education curricula
9offered; (ii) the approximate number of hours spent on sexual health education; (iii) the number 2 of 5
10of students enrolled in sexual health education; and (iv) the number of students who withdrew
11from 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
13public on the department’s website and transmit the data to the department of public health
14within 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
1632A, 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
18school implementing or maintaining a curriculum that primarily involves human sexual
19education or human sexuality issues shall adopt a written policy ensuring that parents and
20guardians 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
23policy shall also include a process for a parent or guardian to inspect the program’s instruction
24materials 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
26commonly spoken languages spoken by parents and guardians of students in the district or
27charter school. Annually, not later than September 1, the policy shall be distributed to the parents
28and guardians of students in a grade that includes a comprehensive sexual health education
29curriculum during the upcoming academic year. The policy shall be distributed in the same
30manner as any student handbook that is distributed to students. If student handbooks are not 3 of 5
31distributed in a certain grade, the policy shall be distributed in the same manner as other notices
32provided 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,
34the name of the comprehensive sexual health education curriculum being used, to the department
35of elementary and secondary education upon adoption of the policy and upon any amendment of
36the policy.
37 If a parent or guardian withdraws a student from all or part of the comprehensive sexual
38health education curriculum, the student shall not be subject to disciplinary action, academic
39penalty or any other sanction. An alternative educational activity shall be made available to any
40student 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
42following meanings unless the context clearly requires otherwise:
43 “Age-appropriate”, topics, messages and teaching methods that are suitable to particular
44ages or age groups of children and adolescents and based on developing cognitive, emotional,
45social 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
48with accepted scientific methods and recognized as accurate and objective by leading medical,
49psychological, psychiatric and public health organizations and agencies and, if relevant,
50published 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
53with the terms as used or defined in the annual report of the commission on lesbian, gay,
54bisexual, 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
56offers sexual health education shall provide a medically accurate, age-appropriate,
57comprehensive sexual health education. Sexual health education shall be appropriate for students
58regardless of gender, race, disability status, sexual orientation or gender identity and shall
59include, but not be limited to, age-appropriate teaching of: (i) physical, social and emotional
60changes of human development; (ii) human anatomy, reproduction and sexual development; (iii)
61the benefits of abstinence and delaying sexual activity, the prevention of sexually transmitted
62infections, including, but not limited to, human immunodeficiency virus and acquired immune
63deficiency syndrome, and unintended pregnancy, including, but not limited to, the effective use
64of contraceptives and barrier methods; (iv) ways to effectively discuss safe sexual activity; (v)
65relationship and communication skills to form healthy, respectful relationships free of violence,
66coercion and intimidation and to make healthy decisions about relationships and sexuality,
67including, but not limited to, affirmative, conscious and voluntary consent to engage in physical
68or sexual activity; (vi) skills to recognize and prevent dating violence; and (vii) age-appropriate
69information about: (1) gender identity and sexual orientation for all students, including
70affirmative education that people have different sexual orientations, gender identities and gender
71expressions; and (2) resources and support services for all students, including, but not limited to,
72lesbian, gay, bisexual, transgender, intersex, agender, queer and questioning students. Sexual 5 of 5
73health education shall incorporate opportunities for students to analyze societal and media
74messages.
75 (d) Any city, town, regional school district, vocational school district or charter school
76that utilizes curricula consistent with the Massachusetts Comprehensive Health Curriculum
77Framework shall be in compliance with this section.
78 (e) The department shall promulgate rules to implement, administer and ensure
79compliance with this section.
80 (f) The department may determine minimum education and training qualifications for
81sexual health education instructors.
82 (g) Pursuant to section 1E of chapter 69, the board of elementary and secondary
83education shall review and update the Massachusetts Comprehensive Health Curriculum
84Framework, including provisions relative to sexual health education consistent with this section,
85not less than once every 10 years.
86 SECTION 3. The board of elementary and secondary education shall begin to review and
87update 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
90passage.