Analysis of Senate Bill 5395 and Current Practice
Beginning in December 2020, all public schools must begin providing or planning to provide, comprehensive sexual health education to all students by the 2022-23 school year. Instruction must be consistent with Health Education K-12 Learning Standards, which provide a framework for comprehensive instruction and the provisions of Senate Bill 5395. Instruction must also be age-appropriate, medically and scientifically accurate, and inclusive of all students.
In summary,
“The purpose of health education is to develop health-literate students—students who acquire the knowledge and possess the skills needed to engage in meaningful and health-enhancing lifetime behaviors. The 2016 Health Education K–12 Learning Standards provide schools with a foundation for implementing standards-based, age-appropriate instruction for each student.
(Page 8 of the Standards Introduction Document).”
“Grade-level outcomes are provided as examples only and do not represent a required course of instruction.”
(OSPI Website Requirements by Grade Section)
Where do we stand compared to what is required?
Continuing Requirements:
Parents and guardians must be notified in advance of planned instruction, must be able to review all Comprehensive Sexual Health Education instructional materials, and must be given the opportunity to opt their child out of CSHE instruction.
* In Woodland, we have and will continue to give ample notice of when this topic will be addressed in school, provide opportunity for families to preview the instructional materials, and give parents the opportunity to opt their child out.
Grades K-3
No sexual health content is currently required for grades K-3.
Beginning in the 2022-23 school year, schools must provide social emotional learning (SEL) to students in grades K-3, consistent with SEL Standards and Benchmarks. SEL provides skills to do things like cope with feelings, set goals, and get along with others.
No sexuality content or curriculum will be required, although districts may choose to offer additional instruction in alignment with K-12 Learning Standards for Health Education.
* In Woodland, we do not address the sexual health education standards in grades K-4.
Recommendation: We continue to implement Hope Squad and learn more about the Social Emotional Learning standards in 2021-2022 school year.
Grades 4-5
The only instruction currently required is HIV/STD prevention, which must start no later than 5th grade and be provided annually through 12th grade.
Beginning in the 2022-23 school year, schools must start providing comprehensive sexual health education no later than 5th grade. Instruction must be consistent with Health Education K-12 Learning Standards. Grade-level outcomes are provided as examples only and do not represent a required course of instruction.
Required topics of instruction are described in SB 5395, with a focus on helping students understand and respect personal boundaries, develop healthy friendships, and gain a basic understanding of human growth and development. Currently required HIV/STD prevention instruction will continue to be required.
* In Woodland, we provide 5th grade instruction on the following topics with the following resources:
Health Standards
Curriculum
Understand functions of reproductive systems.
Videos - These were adopted prior to my arrival in Woodland. The information is medically accurate regarding puberty and development, but the setting is not very relatable for our MS kids. (I believe it’s set in the 1990s).
Fifth Grade KNOW Curriculum.
Identify ways to manage physical, social, and emotional changes that occur during puberty.
Describe how puberty and physical development can vary considerably.
Recognizing puberty prepares the body for reproduction.
Define Human Immunodeficiency virus (HIV).
*Recommendation: We need to review more current videos that maintain the same focused content on puberty and development but in a more relatable context.
Grades 6-8
If districts choose to provide additional sexual health education, it must be consistent with new CSHE requirements. Additionally, according to RCW 28A.300.145, instruction must include "age-appropriate information about the legal elements of sexual [sex] offenses (under chapter 9A.44 RCW) where a minor is a victim and the consequences upon conviction."
Beginning in the 2021-22 school year, schools must start providing comprehensive sexual health education at least twice in grades 6-8. Ideally, this would be a unit of instruction in at least two different grades, and there are many possible strategies for providing all required content. Best practice suggests providing instruction over time, building on earlier instruction. Instruction must be consistent with Health Education K-12 Learning Standards. Grade-level outcomes are provided as examples only and do not represent a required course of instruction.
“The purpose of health education is to develop health-literate students—students who acquire the knowledge and possess the skills needed to engage in meaningful and health-enhancing lifetime behaviors. The 2016 Health Education K–12 Learning Standards provide schools with a foundation for implementing standards-based, age-appropriate instruction for each student. (Page 8 of the Standards Introduction Document).”
Required topics of instruction are described in SB 5395, with a focus on helping students understand and respect personal boundaries, develop healthy friendships and dating relationships, gain a deeper understanding of human growth and development, develop skills to support choosing healthy behaviors and reduce health risks, including abstinence and other STD/pregnancy prevention approaches, and understanding the influence of family and society on healthy sexual relationships. Currently required HIV/STD prevention instruction will continue to be required.
* In Woodland, we provide 6th-8th grade instruction on the following topics with the following resources
6th Grade Health Standards
Identify parts of the reproductive systems.
6th Grade KNOW Curriculum.
Identify physical, social, mental, and emotional changes that occur during puberty.
Define abstinence and explain why it is the most effective method to prevent pregnancy and sexually transmitted infections (STDs), including HIV.
Explain how STDs are transmitted and prevented.
Identify examples of protective factors and risk behaviors.
Explain the importance of talking with a family member and other trusted adults about relationships.
Identify ways to communicate effectively in a variety of relationships.
Recognize that everyone has the right to set boundaries based on personal values.
Understand which sexual health care services are available to youth.
Understand that there are behaviors that constitute sexual offenses.
Understand that it is illegal to send or post sexually explicit images or messages electronically.
NEW: Teachers will ensure students understand WA state laws related to behaviors that constitute sexual offenses, including electronic exchanges including sexual content.
7th Grade Health Standards
Describe reproductive systems including body parts and functions.
Describe the stages of pregnancy from fertilization to birth.
7th Grade KNOW Curriculum.
Recognize there are differences in growth and development.
List and describe commonly used methods of birth control, including abstinence.
Describe methods to prevent the transmission of STDs/HIV, including abstinence.
Understand that all STDs are treatable and a health-related decision.
Describe characteristics of healthy and unhealthy relationships.
Demonstrate communication skills that foster healthy relationships.
Explain the importance of setting personal boundaries and showing respect for the boundaries and values of others.
Identify laws related to accessing sexual health care services.
Define sexual offenses as they relate to state law.
Identify consequences of sharing sexually explicit pictures or messages.
8th Grade Health Standards
Summarize reproductive systems and their functions, including the path of an egg during ovulation and the path of sperm during ejaculation.
Identify physical, emotional, and social effects of sexual activity.
8th Grade KNOW Curriculum.
Describe the physical, social, mental, and emotional changes that occur during adolescence.
Summarize ways to prevent pregnancy and STDs.
List steps to using a condom correctly.
Identify medically accurate resources about contraceptive methods, STDs/HIV, and pregnancy.
Summarize signs, symptoms, potential impact, and treatment of STDs.
Use a decision-making model to make a health-related decision.
Explain how to build and maintain healthy family, peer, and dating relationships.
Define sexual consent and identify ways that consent can be communicated and accepted.
Analyze the impact of technology and social media on friendships and relationships.
Develop a plan to communicate and maintain personal boundaries and values.
Understand laws related to accessing sexual health care services.
Understand the importance of personal responsibility for sexual decisions.
Identify state laws related to sexual offenses, including when a minor is involved.
Explain the consequences of sharing sexually explicit pictures or messages.
Grades 9-12
Required topics of instruction are described in SB 5395, with a focus on helping students understand and respect personal boundaries, develop healthy friendships and dating relationships, gain a deeper understanding of human growth and development, develop skills to support choosing healthy behaviors, and reduce health risks, including abstinence and other STD/pregnancy prevention methods, how to access valid health care and prevention resources and understanding the influence of family and society on healthy sexual relationships. Currently required HIV/STD prevention instruction will continue to be required.
* In Woodland, we currently meet this requirement with the curriculum we previously adopted.
High School Health Standards
Summarize fertilization, fetal development, and childbirth.
Explain the role hormones play in sexual behavior and decision making.
Describe emotional, social, physical, and financial effects of being a teen or young adult parent.
Describe behaviors that impact reproductive health.
Describe steps of testicular self-exam and the importance of breast self-awareness.
Reducing the Risk
Explain the physical, social, mental, and emotional changes associated with being a young adult.
Describe how sexuality and sexual expression change throughout the life span.
Evaluate the effectiveness of abstinence, condoms, and other contraceptives in preventing pregnancy and STDs/HIV.
Demonstrate steps to using a condom correctly.
Identify local youth-friendly sexual health services.
Understand that people can choose abstinence at different times in their lives.
Advocate for STD testing and treatment for sexually active youth.
Use a decision-making model to make a sexual health-related decision.
Differentiate between affection, love, commitment, and sexual attraction.
Compare and contrast characteristics of healthy and unhealthy romantic and sexual relationships.
Demonstrate effective ways to communicate with a partner about healthy sexual decisions and consent.
Analyze factors that can affect the ability to give or recognize consent to sexual activity.
Identify ways to access accurate information and resources for survivors of sexual offenses.
NEW: Teachers will ensure students that students get age-appropriate instruction on affirmative consent and bystander training.
Describe laws related to accessing sexual health care services.
Understand the importance of personal and social responsibility for sexual decisions.
HS Examine laws and consequences related to sexual offenses, including when a minor is involved.
Identify laws and concerns related to sending or posting sexually explicit pictures or messages.
NEW Requirement:
If schools are already providing sexual health education they must ensure that students get age-appropriate instruction on affirmative consent and bystander training.
Affirmative consent is an approach to giving and receiving consent that includes clear, voluntary, enthusiastic permission to engage in sexual activity. It is not just the absence of “no.” In high school, it might focus on hand-holding, kissing or sexual touch/activity, as well as virtual contact such as texts or emails or taking photos. Bystander training teaches students how to safely intervene when they see bullying, sexual harassment, or unwanted sexual contact. They are included in this legislation as a way for schools to combat the high rates of unwanted sexual contact experienced by youth in our state.
In summary, we currently meet a majority of the requirements outlined in Senate Bill 5395.
School Board Reference for Frequently Asked Questions
Does the new legislation take away local flexibility?
No. School districts that don’t already have a curriculum in place will still work with parents, families, and the community to select or create a curriculum that best meets the needs of their students and communities.
Will OSPI need to approve district curriculum choices?
No. The new legislation maintains OSPI’s role in reviewing curricula for consistency with state requirements and making a list available for districts to use as a resource. The authority to approve curricula for use in schools currently rests with school districts and that will continue. Districts will need to provide the name of the curriculum they are using and describe how it meets state requirements, but OSPI does not have the authority to approve or deny districts’ choices.
Can parents opt their child out of sexual health instruction?
Yes, parents and guardians will still be able to opt their children out of sexual health instruction. Senate Bill 5395 strengthens this provision by requiring districts to honor parent/guardian requests.
At what grade level does instruction on sexual health education begin?
Currently required HIV prevention instruction must begin no later than 5th grade. Required instruction for grades 4–5 focuses on helping students understand and respect personal boundaries, develop healthy friendships, and gain a basic understanding of human growth and development.