Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB230 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 176 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL 
No.230 
Session of 
2025 
INTRODUCED BY MASTRIANO, ROTHMAN, BROOKS, HUTCHINSON, STEFANO, 
MARTIN, J. WARD AND DUSH, FEBRUARY 3, 2025 
REFERRED TO EDUCATION, FEBRUARY 3, 2025 
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 
act relating to the public school system, including certain 
provisions applicable as well to private and parochial 
schools; amending, revising, consolidating and changing the 
laws relating thereto ," in terms and courses of study, 
providing for parental control relating to instructional 
materials and books containing sexually explicit content.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  The act of March 10, 1949 (P.L.30, No.14), known 
as the Public School Code of 1949, is amended by adding a 
section to read:
Section 1529.  Parental Control Relating to Instructional 
Materials and Books Containing Sexually Explicit Content.--(a) 
The governing body of a school entity shall develop a public 
policy that provides parental control of instructional materials 
and books containing sexually explicit content and includes 
information, guidance, procedures and standards relating to:
(1)  Directly identifying specific instructional materials 
containing sexually explicit  content that are used by or made  
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20 available to students at schools in the school entity.
(2)  Directly identifying books within libraries of the 
schools containing sexually explicit content that are used by or 
made available to students at schools in the school entity.
(3)   Implementing the use of an opt-in form to ensure  
parental control of sexually explicit content as follows:
(i)  A student shall be prohibited from being provided or 
having access to sexually explicit content in the classroom or 
library unless a parent or legal guardian has signed and 
returned an opt-in form providing their permission.
(ii)  If the student's parent or legal guardian does not give 
permission for the student to be provided or have access to 
sexually explicit content or the parent or legal guardian has 
not submitted a completed opt-in form, the student shall be 
provided with alternative nonexplicit instructional materials 
and related activities.
(iii)  The opt-in form must include the following language:
By signing this document I am giving permission for my child 
to be provided books, handouts and instructional material 
that may include written or visual depictions of sexual 
conduct. Sexual conduct is defined in law as "acts of 
masturbation, sexual intercourse, sexual bestiality or 
physical contact with a person's clothed or unclothed 
genitals, pubic area, buttocks, or, if the person is a 
female, breast."
(iv)  The opt-in form must include a list of book titles and 
materials scheduled to be used as part of curriculum and class 
discussion or available within the school that meet the 
definition of sexually explicit content.
(4)  Permitting the parent or legal guardian of a student to 
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30 review instructional materials and library books that contain 
sexually explicit content upon request.
(b)  Prior to adopting the policies required under this 
section, the governing body of a school entity shall seek input 
at a public forum to ensure that the policies are consistent 
with this section and adopted no later than August 30,  2025 . 
(c)  Nothing in this section shall be construed to:
(1)  Prohibit a school entity from implementing additional 
transparency measures for sexually explicit content.
(2)  Prohibit a school entity from determining that sexually 
explicit content is not appropriate for minors or students of 
certain ages within the school entity, notwithstanding if the 
content would not violate other laws.
(3)  Permit the distribution of sexually explicit materials 
to minors that are prohibited by other law.
(d)  As used in this section, the following words and phrases 
shall have the meanings given to them in this subsection unless 
the context clearly indicates otherwise:
"School entity."  A school district, intermediate unit, joint 
school, area career and technical school, charter school, 
regional charter school or cyber charter school.
"Sexual conduct."  Acts of masturbation, sexual intercourse, 
sexual bestiality or physical contact with a person's clothed or 
unclothed genitals, pubic area, buttocks or, if the person is a 
female, breast.
"Sexually explicit content."  The term shall include the 
following:
(1)  Materials that contain visual or visually implied 
depictions of sexual conduct or simulations of sexual conduct.
(2)  Materials that contain explicit  and excessive  written 
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30 descriptions of sexual conduct.
(3)  Materials that contain visual depictions of nudity 
accessible to minors in kindergarten through grade eight.
Section 2.  This act shall take effect in 60 days.
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