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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 20250SB0230PN0176 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250SB0230PN0176 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250SB0230PN0176 - 4 - 1 2 3 4