1 of 1 SENATE DOCKET, NO. 1777 FILED ON: 1/16/2025 SENATE . . . . . . . . . . . . . . No. 340 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 SuffolkMichael J. BarrettThird Middlesex1/30/2025Cindy F. FriedmanFourth Middlesex2/11/2025Manny Cruz7th Essex2/12/2025Patricia D. JehlenSecond Middlesex2/19/2025John F. KeenanNorfolk and Plymouth2/21/2025Jason M. LewisFifth Middlesex3/3/2025Vanna Howard17th Middlesex3/6/2025 1 of 5 SENATE DOCKET, NO. 1777 FILED ON: 1/16/2025 SENATE . . . . . . . . . . . . . . No. 340 By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 340) of Sal N. DiDomenico, Michael J. Barrett, Cindy F. Friedman, Manny Cruz and other members of the General Court for legislation relative to healthy youth. Education. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 268 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 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 regarding sexual health education, which shall include, 5but not be limited to, for each city, town, regional school district, vocational school district and 6charter school, by grade level: (i) the name and a description of any sexual health education 7curriculum offered; (ii) the approximate number of hours spent on sexual health education; (iii) 8the number of students enrolled in sexual health education; and (iv) the number of students who 9withdrew from sexual health education under section 32A of chapter 71. The report shall be filed 2 of 5 10with the board of elementary and secondary education each even-numbered year by a date and in 11a format to be determined by the board. 12 The commissioner shall make the data collected under this section available to the public 13on the department’s website and transmit the data to the department of public health within 30 14days of the date established by the board 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 sexual education shall 19adopt a written policy ensuring that parents and guardians are notified of: (i) the comprehensive 20sexual health education offered by the school; (ii) the right of a parent or guardian to withdraw a 21student from all or part of the instruction; and (iii) the process for a parent or guardian to notify 22the school of a student’s withdrawal. The policy shall include a process for a parent or guardian, 23at the parent or guardian’s request, to inspect the instruction materials prior to the start of the 24course. 25 To the extent possible, such notifications 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 the first day of a school year, the policy shall be 28distributed to the parents and guardians of students in a grade that includes a comprehensive 29sexual health education curriculum for said school year. The policy shall be distributed in the 30same manner as any student handbook that is distributed to students; provided, however, that if 31student handbooks are not distributed in a certain grade, the policy shall be distributed in the 3 of 5 32same manner as other notices provided to parents and guardians of students in that grade at the 33start of the school year. 34 Each district and charter school shall send a copy of its policy, including, if applicable, 35the name of the comprehensive sexual health education curriculum to the department of 36elementary and secondary education upon adoption of the policy and upon any amendment of the 37policy. 38 If a parent or guardian withdraws a student from all or part of the comprehensive sexual 39health education curriculum, the student shall not be subject to disciplinary action, academic 40penalty or any other sanction. An alternative educational activity shall be made available to a 41student who has been withdrawn from the sexual health education instruction. 42 Section 32B. (a) For the purposes of this section, the following terms shall have the 43following meanings unless the context clearly requires otherwise: 44 “Age-appropriate”, topics, messages and teaching methods that are suitable to particular 45ages or age groups of children and adolescents and based on developing cognitive, emotional, 46social and behavioral capacity typical for that age or age group. 47 “Department”, the department of elementary and secondary education. 48 “Medically accurate”, supported by peer-reviewed research conducted in compliance 49with accepted scientific methods and recognized as accurate and objective by leading medical, 50psychological, psychiatric and public health organizations and agencies and, if relevant, 51published in peer-reviewed journals. 4 of 5 52 (b) For the purposes of this section, a curriculum’s discussions of the terms “consent”, 53“gender expression”, “gender identity” and “sexual orientation” shall be construed consistently 54with the terms as used or defined in the annual report of the commission on lesbian, gay, 55bisexual, transgender, queer and questioning youth established under section 67 of chapter 3. 56 (c) A city, town, regional school district, vocational school district or charter school that 57offers sexual health curriculum shall provide a medically accurate, age-appropriate, 58comprehensive sexual health education consistent with the Massachusetts Comprehensive Health 59and Physical Education Curriculum Framework. Sexual health education shall be appropriate for 60students regardless of gender, race, disability status, sexual orientation or gender identity and 61shall include, but not be limited to, age-appropriate teaching of: (i) physical, social and 62emotional changes of human development; (ii) human anatomy, reproduction and sexual 63development; (iii) the benefits of abstinence and delaying sexual activity, the prevention of 64sexually transmitted infections, including, but not limited to, human immunodeficiency virus and 65acquired immune deficiency syndrome, and the prevention of unintended pregnancy, including, 66but not limited to, the effective use of contraceptives and barrier methods; (iv) ways to 67effectively discuss safe sexual activity; (v) relationship and communication skills to form 68healthy, respectful relationships free of violence, coercion and intimidation and to make healthy 69decisions about relationships and sexuality, including, but not limited to, affirmative, conscious 70and voluntary consent to engage in physical or sexual activity; (vi) skills to recognize and 71prevent dating violence; and (vii) age-appropriate information about: (A) gender identity and 72sexual orientation for all students, including affirmative education that people have different 73sexual orientations, gender identities and gender expressions; and (B) resources and support 74services for all students, including, but not limited to, lesbian, gay, bisexual, transgender, 5 of 5 75intersex, agender, queer and questioning students. Sexual health education shall incorporate 76opportunities for students to analyze societal and media messages. 77 (d) Any city, town, regional school district, vocational school district or charter school 78that utilizes curricula consistent with the Massachusetts Comprehensive Health and Physical 79Education Curriculum Framework shall be in compliance with this section. 80 (e) The department shall issue rules to implement, administer and ensure compliance with 81this section. 82 (f) The department may determine minimum education and training qualifications for 83sexual health education instructors. 84 (g) Not less than every 10 years, the board of elementary and secondary education shall 85review and update the Massachusetts Comprehensive Health and Physical Education Curriculum 86Framework, including provisions relative to sexual health education consistent with this section, 87in accordance with section 1E of chapter 69. 88 SECTION 3. This act shall take effect for the academic year immediately following its 89passage.