State law on health and sexuality education

Washington State laws and guidelines relating to health and sexuality education

Part I: Washington State Regulations and requirements related to health and sexuality education
Part II: Guiding principles for including human sexuality concepts in a school program
Part III: Excerpts from the AIDS Omnibus Law

Part I: Washington State Regulations and requirements related to health and sexuality education

RCW 28A.230.020 -- Common school curriculum -- Fundamentals in conduct.
All common schools shall give instruction in reading, penmanship, orthography, written and mental arithmetic, geography, the history of the United States, English grammar, physiology and hygiene with special reference to the effects of alcohol and drug abuse on the human system, science with special reference to the environment, and such other studies as may be prescribed by rule or regulation of the state board of education. All teachers shall stress the importance of the cultivation of manners, the fundamental principles of honesty, honor, industry and economy, the minimum requisites for good health including the beneficial effect of physical exercise and methods to prevent exposure to and transmission of sexually transmitted diseases, and the worth of kindness to all living creatures and the land. The prevention of child abuse may be offered as part of the curriculum in the common schools.

[1991 c 116 § 6; 1988 c 206 § 403; 1987 c 232 § 1; 1986 c 149 § 4; 1969 c 71 § 3; 1969 ex.s. c 223 § 28A.05.010. Prior: 1909 p 262 § 2; RRS § 4681; prior: 1897 c 118 § 65; 1895 c 5 § 1; 1890 p 372 § 45; 1886 p 19 § 52. Formerly RCW 28A.05.010, 28.05.010, and 28.05.020.]
WAC 180-50 --115: Mandatory areas of study in the common school.
(1) Pursuant to RCW 28A.230.020 all school districts shall provide instruction in reading, penmanship, spelling, mathematics, geography, English grammar, physiology, hygiene, and history of the United States.

(2) Pursuant to RCW 28A.230.030, unless instruction in a language other than English will aid the educational advancement of the student, all students shall be taught in English.

(3) Pursuant to RCW 28A.230.130, after July 1, 1986, each school district offering a high school program shall provide a course of study which includes the preparation for uniform college and university entrance requirements as published by the council of postsecondary education.

(4) In addition to the requirements in the above subsections, each such school district shall offer all required courses for a high school diploma as provided in chapter 180-51 WAC and shall provide an opportunity for high school students to take at least one course in the following areas of study:

Art
Career education
Computer education
Consumer education
Economics
Environmental education
Foreign language
Health education
Home and family life
Music
Remedial education, including at least remedial education in reading, language arts, and mathematics

WAC 180-50-140: Sex education -- Definition -- Optional course or subject matter -- Excusal of students.

(1) Local option. The decision as to whether or not a program about sex education or human sexuality is to be introduced into the common schools is a matter for determination at the district level by the local school board, the duly elected representatives of the people of the community.

(2) Definition(s).
(3) Development of instruction in sex education and human sexuality. School districts shall involve parents and school district community groups in the planning, development, evaluation, and revision of any instruction in sex education and human sexuality offered as a part of the school program.

(4) Excusal of students -- Alternative studies. Any parent or legal guardian who wishes to have his/her child excused from any planned instruction in sex education or human sexuality may do so upon filing a written request with the school district board of directors or its designee and the board of directors shall make available the appropriate forms for such requests. Alternative educational opportunities shall be provided for those excused.

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Part II: Guiding principles for including human sexuality concepts in a school program

(According to the Washington State Superintendent of Schools as of June, 1987)

1.0 Education about human sexuality includes a large body of knowledge concerned with the biological, psychological and sociological aspects of human growth and development. In addition, education about human sexuality includes an understanding of the influences affecting interpersonal relationships and an emphasis on the importance of responsible decision-making in this area.

1.1 It should be recognized that sex education is one small part of education about human sexuality. Sex education as defined by WAC 180-50-140 is limited to a study of anatomy and physiology of human reproduction.

1.2 Sex education must contribute to the overall goal of a wholesome, healthy personality. Sexuality is an integral part of a total personality and to consider sex as purely physical is to give it an unrealistic emphasis. Thus, the goal of any program is to help young people in their development so they become secure individuals able to direct their sexual behavior in a responsible and socially acceptable manner.

2.0 Planning an educational program about human sexuality should involve the home, school and community.

2.1 Parents, guardians and other interested adults should be involved in the planning of school programs because of their role in initiating and continuing this phase of education in the home environment.

2.2 School districts may advantageously plan educational programs for parents so that education for human sexuality may be enhanced in the home at an early age.

2.3 The concepts of family as used in this document allow for a variety of social patterns and lifestyles. The common element to all family patterns is the emphasis on a caring, interpersonal relationship between adults and children in an atmosphere in which adults recognize and assume their responsibilities for rearing youngsters.

2.4 The school's role should reinforce the home's development of wholesome sexual attitudes and responsibilities in youth in such a way that family patterns will be strengthened.

3.0 It is the responsibility of each local school district to develop its own program in education about human sexuality.

3.1 A detailed scope and sequence of concepts in educational programs about human sexuality should be developed carefully and made available in written form for a community review in each district.

3.2 Student learning objectives, suggested learning experience and resources used in the instructional process should be available in written form for a community review in each building where such instruction takes place.

3.3 At the elementary level some lessons may develop naturally from everyday living experiences, but other lessons should be an integrated part of a planned, sequential, comprehensive health education program. At the secondary level, planned lessons and units may be a part of science, health education, home and family life or social studies.

3.4 "No written or oral test, questionnaire, survey or examination shall be used to elicit the personal beliefs or practices of a student of his/her parents as to sex or religion except with the written consent of parent or guardian." (1)

3.5 "Any parent or legal guardian who wishes to have his/her child excused from any planned instruction in sex education or human sexuality may do so upon filing a written request with the school district board of directors or its designee, and the board of directors shall make available the appropriate forms for such requests. Alternative educational opportunities shall be provided for those excused." (2)

3.6 "School districts shall involve parents and school district community groups in the planning, development, evaluation and revision of any instruction in sex education and human sexuality offered as part of the school program." (2)

4.0 In compliance with statutory requirements, each school district shall have a written policy outlining the process for the selection and adoption of instructional materials, prints and non-print, including provision for a system "for receiving, considering and acting upon written complaints regarding instructional materials used by the school district." (3)

5.0 As with all curricular areas, local school boards should approve the instructional material and concepts in human sexuality education before they are implemented in the classroom setting.

6.0 Teachers of human sexuality programs should be carefully selected and professionally prepared.

6.1 Opportunities for in-service training in content and teaching methods of human sexuality should be available on a regular basis at the local level.

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Part III: Excerpts from the AIDS Omnibus Law

(Enacted by the Washington State Legislature in the Spring of 1988, referring specifically to AIDS education in public schools)

"AIDS prevention education shall be limited to the discussion of the life-threatening dangers of the disease, its spread, and prevention. Students shall receive such education at least once each school year beginning no later than the fifth grade." (4)

This means that the rest of 9/10 FLASH, that which doesn't pertain to the dangers, spread and prevention of AIDS, is considered "sexuality education" and falls under the State Board of Education Guidelines on the previous pages, rather than under the AIDS Omnibus legislation.

"Each district board of directors shall adopt an AIDS Curriculum ... developed in consultation with teachers, administrators, parents, and other community members including, but not limited to, persons from medical, public health, and mental health organizations .. ." (5)

FLASH was developed in consultation with such a team. That curriculum must either be selected from among a list of "model curricula and resources available from the superintendent of public instruction" (6) or "developed by the district and approved for medical accuracy by the office of HIV/AIDS of the Department of Social and Health Services (DSHS)" (7)

In order to be on the superintendent's list, a curriculum goes through both the DSHS medical-accuracy review and a review of educational soundness by a committee of educators convened by the superintendent’s office. FLASH has been approved by both these sets of reviewers.

"Each school district shall, at least one month before teaching AIDS prevention... conduct at least one presentation during weekend and evening hours for the parents and guardians... No student may be required to participate in AIDS prevention education if the .. parent or guardian, having attended one of the district presentations, objects in writing." (8)

Thus, the parental waiver for AIDS education, unlike for other sexuality education, is contingent upon a parent's review of the materials. The legislature has expressed, in this way, its strong belief in the importance of this aspect of sexuality education for every child.

"The curriculum shall... teach students which behaviors place a person dangerously at risk of infection [with HIV] and methods of avoiding risk, including, at least: (a) the dangers of drug abuse, especially that involving hypodermic needles; and (b) the dangers of intercourse, with or without condoms." (9)

"All material ... shall give emphasis to the importance of sexual abstinence outside lawful marriage and avoidance of substance abuse in controlling disease." (10)

"The program ... shall stress that abstinence from sexual activity is the only certain means for the prevention of the spread or contraction of [HIV]. It shall also teach that condoms and other artificial means of birth control are not a certain means of (prevention) and reliance on condoms puts a person at risk."(11)

FLASH makes every effort to communicate these concepts, while acknowledging and respecting the beliefs of diverse families.

We have also emphasized that one's behavior and not one's age, legal status, or sexual orientation, puts one at risk. This reflects our concern about denial. It is crucial not to generate a life-threatening false confidence in all adult, lawful, heterosexual marriages as safe places for unprotected intercourse.

Finally, we have taken pains to speak to students who are already having intercourse or who will decide to do so (despite our urging them not to) any time prior to entering into a long-term, mutually monogamous, honest, drug-free relationship. For the health of these young people, we have stressed the vital importance of proper use of condoms, preferably with spermicides.

A few examples from FLASH:

"Even if (kids) knew about condoms and all that stuff, they wouldn't be 100% safe (not from AIDS or pregnancy)." a student quoted in Position Paper, lesson 2

"Adults have had time to learn more about themselves and, hopefully, to learn how to reduce the (emotional, physical, social) risks ... Marriage can symbolize the trust and commitment that make sexual touch a real gift." Position Paper, lesson 2

"Abstaining from sexual intercourse (and) maintaining long-term mutual monogamy, as in marriage... are, of course, the most effective protection (from STDs) ... All other behaviors listed (including condoms) are risk reduction suggestions for people who do not abstain ... The latter is certainly recommended." Activities, lesson 24

"So How is the Virus Spread Today? It ... can happen when an infected person shoots up, then shares the needle with someone else ... Infection can also happen during sex ... Anal sex ... is the riskiest." AIDS Reference Sheet, lesson 25

"So how can HIV infection be prevented? ABSTAINING FROM SEX: Not forever, just for now ... the safest thing is to wait to have sex until you're older and you find someone you want to stay with for years, someone you trust to only have sex with you and vice versa, and someone who doesn't shoot drugs. If you are both free of HIV in the first place, sex will be 100% safe." AIDS Reference Sheet, lesson 25

"So how can HIV infection be prevented? ABSTAINING FROM DRUGS: The safest thing is to never shoot up ... or use any kind of mind-altering drugs. Even using alcohol can mess up people's ability to make decisions. After they’ve been drinking they are more likely to have unsafe sex, because they stop thinking clearly." AIDS Reference Sheet, lesson 25

"Condoms are 83-98% effective against STDs, depending on how carefully and how consistently they are used." Activities lesson 27

(1) WAC 180-52-030
(2) WAC 180-50-140
(3) RCW 28A.58.103 (le) RCW 28A.58.758 (2f
(4) from Part IV section 402, subsection (1) of the AIDS omnibus legislation
(5) ibid., part IV, section 402, subsection (2)
(6) ibid., part IV, section 402, subsection (3)
(7) ibid., part IV, section 402, subsection (2)
(8) ibid., part IV, section 402, subsection (4)
(9) ibid., part IV, section 402, subsection (6)
(10) ibid., part IV, section 202
(11) ibid., part IV, section 402, subsection (7)