HOUSE DOCKET, NO. 827        FILED ON: 1/14/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 410

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul Brodeur and James J. O'Day

_________________

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:

Date Added:

Paul Brodeur

32nd Middlesex

1/14/2019

James J. O'Day

14th Worcester

1/15/2019

Jack Patrick Lewis

7th Middlesex

1/18/2019

Mike Connolly

26th Middlesex

1/18/2019

Steven Ultrino

33rd Middlesex

1/18/2019

Louis L. Kafka

8th Norfolk

1/18/2019

William J. Driscoll, Jr.

7th Norfolk

1/18/2019

Michael J. Moran

18th Suffolk

1/18/2019

James Arciero

2nd Middlesex

1/29/2019

Ruth B. Balser

12th Middlesex

1/25/2019

Christine P. Barber

34th Middlesex

1/25/2019

John Barrett, III

1st Berkshire

2/1/2019

Michael J. Barrett

Third Middlesex

1/29/2019

Jennifer E. Benson

37th Middlesex

1/29/2019

David Biele

4th Suffolk

1/31/2019

Natalie M. Blais

1st Franklin

1/28/2019

Joseph A. Boncore

First Suffolk and Middlesex

1/30/2019

Daniel Cahill

10th Essex

1/23/2019

Peter Capano

11th Essex

1/28/2019

Gerard J. Cassidy

9th Plymouth

1/29/2019

Harriette L. Chandler

First Worcester

1/25/2019

Sonia Chang-Diaz

Second Suffolk

1/29/2019

Michelle L. Ciccolo

15th Middlesex

2/1/2019

Edward F. Coppinger

10th Suffolk

1/31/2019

Brendan P. Crighton

Third Essex

1/30/2019

Daniel R. Cullinane

12th Suffolk

1/31/2019

Josh S. Cutler

6th Plymouth

1/24/2019

Julian Cyr

Cape and Islands

2/1/2019

Michael S. Day

31st Middlesex

1/28/2019

Marjorie C. Decker

25th Middlesex

1/30/2019

Sal N. DiDomenico

Middlesex and Suffolk

1/31/2019

Mindy Domb

3rd Hampshire

1/30/2019

Daniel M. Donahue

16th Worcester

1/29/2019

Michelle M. DuBois

10th Plymouth

2/1/2019

Carolyn C. Dykema

8th Middlesex

1/23/2019

Lori A. Ehrlich

8th Essex

1/18/2019

James B. Eldridge

Middlesex and Worcester

1/28/2019

Nika C. Elugardo

15th Suffolk

1/29/2019

Tricia Farley-Bouvier

3rd Berkshire

1/18/2019

Paul R. Feeney

Bristol and Norfolk

1/31/2019

Dylan A. Fernandes

Barnstable, Dukes and Nantucket

1/22/2019

Ann-Margaret Ferrante

5th Essex

1/24/2019

Sean Garballey

23rd Middlesex

1/23/2019

Denise C. Garlick

13th Norfolk

1/29/2019

Carmine Lawrence Gentile

13th Middlesex

1/28/2019

Carlos González

10th Hampden

1/25/2019

Kenneth I. Gordon

21st Middlesex

1/25/2019

Tami L. Gouveia

14th Middlesex

1/18/2019

Danielle W. Gregoire

4th Middlesex

1/24/2019

Patricia A. Haddad

5th Bristol

1/31/2019

Richard M. Haggerty

30th Middlesex

1/29/2019

James K. Hawkins

2nd Bristol

1/29/2019

Stephan Hay

3rd Worcester

1/28/2019

Jonathan Hecht

29th Middlesex

1/28/2019

Christopher Hendricks

11th Bristol

1/24/2019

Natalie M. Higgins

4th Worcester

1/24/2019

Kate Hogan

3rd Middlesex

1/29/2019

Russell E. Holmes

6th Suffolk

2/1/2019

Kevin G. Honan

17th Suffolk

1/29/2019

Daniel J. Hunt

13th Suffolk

1/29/2019

Patricia D. Jehlen

Second Middlesex

1/30/2019

Patrick Joseph Kearney

4th Plymouth

1/31/2019

Mary S. Keefe

15th Worcester

1/28/2019

James M. Kelcourse

1st Essex

1/29/2019

Kay Khan

11th Middlesex

1/25/2019

Kathleen R. LaNatra

12th Plymouth

2/1/2019

John J. Lawn, Jr.

10th Middlesex

1/31/2019

David Henry Argosky LeBoeuf

17th Worcester

1/28/2019

Jason M. Lewis

Fifth Middlesex

1/23/2019

David Paul Linsky

5th Middlesex

1/22/2019

Jay D. Livingstone

8th Suffolk

1/29/2019

Adrian C. Madaro

1st Suffolk

1/28/2019

John J. Mahoney

13th Worcester

1/22/2019

Elizabeth A. Malia

11th Suffolk

1/25/2019

Paul W. Mark

2nd Berkshire

1/27/2019

Joseph W. McGonagle, Jr.

28th Middlesex

1/31/2019

Paul McMurtry

11th Norfolk

1/30/2019

Joan Meschino

3rd Plymouth

1/31/2019

Aaron Michlewitz

3rd Suffolk

2/1/2019

Christina A. Minicucci

14th Essex

1/25/2019

Liz Miranda

5th Suffolk

1/29/2019

Michael O. Moore

Second Worcester

1/30/2019

Harold P. Naughton, Jr.

12th Worcester

1/31/2019

Tram T. Nguyen

18th Essex

1/25/2019

Sarah K. Peake

4th Barnstable

1/23/2019

Alice Hanlon Peisch

14th Norfolk

1/31/2019

Smitty Pignatelli

4th Berkshire

2/1/2019

Denise Provost

27th Middlesex

1/24/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

1/30/2019

Maria Duaime Robinson

6th Middlesex

1/23/2019

David M. Rogers

24th Middlesex

1/29/2019

Jeffrey N. Roy

10th Norfolk

1/31/2019

Daniel J. Ryan

2nd Suffolk

1/30/2019

Lindsay N. Sabadosa

1st Hampshire

1/24/2019

Jon Santiago

9th Suffolk

1/31/2019

Paul A. Schmid, III

8th Bristol

2/1/2019

Thomas M. Stanley

9th Middlesex

1/28/2019

José F. Tosado

9th Hampden

1/25/2019

Paul F. Tucker

7th Essex

1/30/2019

Chynah Tyler

7th Suffolk

2/1/2019

Andres X. Vargas

3rd Essex

1/31/2019

Aaron Vega

5th Hampden

1/24/2019

Tommy Vitolo

15th Norfolk

1/29/2019

Thomas P. Walsh

12th Essex

2/1/2019

Timothy R. Whelan

1st Barnstable

1/31/2019

Susannah M. Whipps

2nd Franklin

2/1/2019

Bud L. Williams

11th Hampden

2/1/2019

Donald H. Wong

9th Essex

1/31/2019

Jonathan D. Zlotnik

2nd Worcester

2/1/2019


HOUSE DOCKET, NO. 827        FILED ON: 1/14/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 410

By Messrs. Brodeur of Melrose and O'Day of West Boylston, a petition (accompanied by bill, House, No. 410) of Paul Brodeur, James J. O'Day and others relative to sexual health education in public schools.  Education.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

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:
 

SECTION 1. Chapter 71 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out section 32A and inserting in place thereof the following sections:-

Section 32A. Every city, town, regional school district, vocational school district or charter school implementing or maintaining a curriculum that primarily involves human sexual education or human sexuality issues shall adopt a written policy ensuring parental or legal guardian notification of the comprehensive sexual health education provided by the school, the right of the parent or legal guardian to withdraw a student from all or part of the instruction, and the notification process to the school for withdrawal.  The policy shall also include a process for parents and legal guardians to inspect the program instruction materials prior to the start of the course, if the parent or legal guardian requests to review the materials.

To the extent possible, such notification shall be provided in English and in other commonly spoken languages spoken by parents and guardians.  Annually, no later than September 1, the policy shall be distributed to parents or guardians of a student in a grade that includes a comprehensive sexual health education curriculum during the upcoming academic year; provided, however, that parents or guardians shall not have less than 30 days notification prior to the start of such instruction.  The policy shall be distributed in the same manner as any student handbook that is distributed to students. If student handbooks are not distributed in a certain grade, the policy shall be distributed in the same manner as other notices provided to parents and guardians at the start of the school year.  Upon adoption or amendment, a copy of each district’s policy, including the name of the comprehensive sexual health education curriculum being used, shall be sent to the department of elementary and secondary education.

If a parent or guardian withdraws a student from all or part of the comprehensive sexual health education curriculum, the student shall not be subject to disciplinary action, academic penalty or any other sanction.  An alternative educational activity shall be made available to students who have been withdrawn from instruction.

Section 32B. (a) For the purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:

“Age-appropriate”, topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, social, and behavioral capacity typical for that age or age group.

“Consent”, affirmative, conscious, and voluntary agreement to engage in interpersonal, physical, or sexual activity. 

“Department”, the department of elementary and secondary education.

“Gender Identity”, a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth.

“Medically accurate”, supported by peer-reviewed research conducted in compliance with accepted scientific methods and recognized as accurate and objective by leading medical, psychological, psychiatric and public health organizations and agencies and, if relevant, published in peer-reviewed journals.

“Sexual Orientation”, an individual’s attraction, including physical or emotional, to the same and/or different genders.

(b) Each city, town, regional school district, vocational school district, or charter school that offers sexual health education shall utilize a research-informed curriculum that offers medically accurate, age-appropriate, comprehensive sexual health education.  Sexual health education shall be appropriate for students regardless of gender, race, disability status, sexual orientation, or gender identity and shall include, but not be limited to, teaching: (i) physical, social, and emotional changes of human development; (ii) human anatomy, reproduction, and sexual development; (iii) the benefits of abstinence and delaying sexual activity and the prevention sexually transmitted infections, including HIV/AIDS, and unintended pregnancy, including the effective use of contraceptives and barrier methods and the options for pregnancy, including parenting, adoption, and abortion; (iv) ways to effectively discuss safe sexual activity; (v) relationship and communication skills to form healthy, respectful relationships free of violence, coercion, and intimidation and to make healthy decisions about relationships and sexuality, including affirmative and voluntary consent to engage in physical or sexual activity, and skills to recognize and prevent dating violence; and (vi) age-appropriate information about gender identity and sexual orientation for all students, including affirmative recognition that people have different sexual orientations, gender identities, and gender expressions, and information about resources that offer support for lesbian, gay, bisexual, transgender, queer and questioning students.  Comprehensive sexual health education shall incorporate opportunities for students to analyze societal and media messages.

(c) Any city, town, regional school district, vocational school district or charter school that utilizes curricula consistent with the Massachusetts curriculum framework for comprehensive health shall comply with this section.

(d) The department shall promulgate rules to implement, administer, and ensure compliance with the provisions of this section.

(e) The department may determine minimum education and training qualifications for sex education instructors. 

(f) Pursuant section 1E of chapter 69, the board of elementary and secondary education shall direct the commissioner to update the health curriculum framework, including provisions relative to sexual health education consistent with this section, upon the effective date of this act and periodically thereafter.   

32C. (a) The department may promulgate regulations setting forth a complaint procedure to enforce this Act, subject to subsection (b). A final determination of a complaint by the department shall be appealable to the Massachusetts Superior Court.

(b) Any parent or guardian with a child enrolled in a city, town, regional school district, vocational school district, or charter school, or any student having legal capacity enrolled in such a school or school district, who believes the school district is not complying with the requirements of Section 32B may enforce the provisions of Section 32B of this chapter in superior court.

SECTION 2. Section 1I of Chapter 69 of the General Laws, as so appearing, is hereby amended by inserting after the last paragraph the following:- Beginning the first academic year following the effective date of this act, each city, town, regional school district, vocational school district, or charter school shall file an annual report with the department regarding sexual health education in the district by a date and in a format to be determined by the board.  Said report shall include, but not be limited to, the following data for each city, town, regional school district, vocational school district, or charter school, by grade level: (1) the name and a description of any sexual health education curricula offered; (2) the approximate number of hours spent on sexual health education; (3) the number of students receiving sexual health education; and (4) the number of students who withdrew from sexual health education, pursuant to section 32A.

SECTION 3. This act shall take effect for the academic year immediately following its passage.