The Facts
About Referendum 90
Approving Referendum 90 will uphold the Washington state law requiring all public schools to teach age-appropriate, inclusive, comprehensive sexual health education (CSHE) to K-12 students.
What does age-appropriate mean?
Comprehensive Sexual Health Education is defined in the bill as: "Recurring instruction in human development and reproduction that is medically accurate, age-appropriate and inclusive of all students."
The only required content is:
Age-appropriate for Grades K-3
In grades K-3, instruction must be in Social Emotional Learning (PDF) - learning skills to do things like manage feelings, set goals, and get along with others.
(Note: there is no sexuality content required for students in grades K-3.)
Click the button below to Print & Share
Age-appropriate for Grades 4-5
Instruction includes age-appropriate information about:
Anatomy and physiology
Growth and Development
Reproduction
HIV Prevention
Self-Identity
Healthy Relationships
Age-appropriate for Grades 6-8
Instruction includes age-appropriate information about:
Anatomy, Reproduction, and Pregnancy
Puberty and Development
Self-Identity
Prevention
Healthy Relationships
Washington State Laws
Age-appropriate for Grades 9-12
Instruction must include age-appropriate information about:
The physiological, psychological, and sociological developmental process experienced by an individual;
The development of intrapersonal and interpersonal skills to communicate, respectfully and effective, to reduce health risks and choose healthy behaviors and relationships based on mutual respect and affection, and free from violence, coercion, and intimidation;
Health care and prevention resources;
Abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases;
The development of meaningful relationships and avoidance of exploitative relationships;
Understanding the influences of family, peers, community and the media throughout life on healthy sexual relationships;
Affirmative consent and recognizing and responding safely and effectively when violence or a risk of violence is or may be present, with strategies that include bystander training.
SOURCE: https://www.k12.wa.us/student-success/resources-subject-area/sexual-health-education/new-legislation-senate-bill-5395-comprehensive-sexual-health-education
Who decides what is age-appropriate in the first place?
The grade level outcomes are based on guidelines from the Centers for Disease Control and Prevention, as well as the National Sexuality Education Standards (NSES), developed by experts representing fields such as education, public health and psychology.
The National Academy of Pediatrics offers guidelines on what healthy sexual development looks like, and those guidelines inform the development of national and state standards. While the outcomes are not required, they should be used to plan a course of study.
Parents and guardians will have the right to opt their child out of Comprehensive Sexual Health Education instruction at any time.
What is the curriculum?
The legislation does not mandate the use of any single specific curriculum. There is no single requirement when it comes to the curriculum that works best for every community.
Washington’s guidelines for sexual health education have been in place for over 15 years and are used to inform the state’s development of the list of reviewed curricula.
Parents can have an input in the curriculum selection at their local school district level - either by being selected a member of the curriculum committee to represent the parents of the district or by submitting their input to the committee or the school board.
The new law expands instruction by requiring that all school districts offer comprehensive sexual health education.
The Office of the Superintendent for Public Instruction is required to continue to regularly review curricula and add to the list of options. Their focus is to find a wide array of products that would fit for different communities.
To inquire about specific curricula, contact your local school district office or school to get a schedule of curriculum selection.
Schools may use curricula and other instructional materials that have been reviewed by OSPI and the state Department of Health (DOH) (PDF) for consistency with these provisions or may choose to develop and review materials themselves. Curriculum, instruction, and materials must be medically and scientifically accurate, and consistent with the provisions outlined in the bill.
OSPI provides tools for districts to use when conducting their own reviews. OSPI does not approve, develop or recommend curriculum.
When will this legislation take effect?
Beginning in the 2021-22 school year, comprehensive sexual health education must be provided to all public school students in grades 6-12.
In 2022-23, comprehensive sexual health education (CSHE) will be provided for public school students in grades 4 through 12 and social-emotional learning (SEL) will be provided for public students grades K-3.
Why is the legislation necessary to prevent sexual violence?
These curricula give students the skills to prevent sexual violence. According to the CDC, 1 in 4 girls and 1 in 13 boys will be sexually abused before the age of 18.
>90% of the time the abuser is someone the child knows.
Sexual abuse has lifelong negative health impacts.
The CDC has classified the prevalence of child sexual abuse as a public health crisis and identified that educating kids about how to protect themselves is an evidence-based prevention strategy.
In order to prevent sexual violence, coercion, and assault, young people need sex education that includes information and resources about consent and healthy relationships to help them understand how to ask for consent, respect personal boundaries, and learn how to say and receive a “no”.
How will this be funded?
School districts receive funding from local, state, and federal sources. A more specific breakdown of how those funds are collected and spent may be found at the link to the right.
For at least thirteen years, OSPI has had an ongoing capacity to support schools with curriculum selection and design as well as technical support, professional development, and teacher training. Support is still ready and waiting.
Click the button below to Print & Share
What about the concerning examples and images I've seen being shared on social media?
Some information being distributed to the public is misrepresenting the comprehensive sexual health education law and is being shared without fact-checking.
People opposed to CSHE have circulated altered graphics and misinformation. This misinformation shocks families into opposing sexual health education. This includes content intended for older youth that is conflated with materials meant for young children.
What is the legislation?
Concerning Comprehensive Sexual Health Education (CSHE).
If R-90 is approved, SB 5395 will:
Require all public schools in Washington to offer sexual health education that is comprehensive and medically and scientifically accurate.
Require that any school’s selected curriculum include the needs of students of all protected class statuses (these include sex, race, ethnicity, religion, sexual orientation, gender identity, and disability).
Require components on affirmative consent (not just the absence of a “no”) and healthy relationships as part of the comprehensive sexual health education curriculum.
Require school districts to report on the sexual health education they are providing so that our state can continue to improve the quality of programming in the future.
Shouldn't the curriculum be tailored to each community?
Under SB 5395, school districts have the flexibility and freedom to adjust their instruction based on what they know about their students and what parents and community members tell them. School districts still have a wide array of curricula and titles to choose from. They can choose from OSPI’s list, choose something that was not included on the list, or design a curriculum of their own, as long as the learning standards are met. School districts can select certain lessons and not others, modify language in lessons, and mix and match with selections from multiple different programs.
Click the button below to Print & Share
What does the law already say?
Washington already requires school districts to involve parents and school district community groups in the planning, development, evaluation, and revision of any instruction in sexual health education offered as a part of the school program.
Washington law already requires schools to provide parents at least one month’s notice before teaching a program in sexual health education in any classroom or other school venue, provide notice to parents of the planned instruction, and ensure that the materials or course of study are available for inspection. This includes all formats of instruction related to sexual health education including, but not limited to written materials, guest speakers, classroom presentations, videos, and electronically formatted materials.
Under SB 5395, parents, guardians, and students will still be able to find out from local decision-makers about how sexual health education is taught in their schools. This includes how often and when it is being taught, as well as what topics are being taught, what curriculum is being used, and who is teaching the program.
Washington law already requires that any parent or legal guardian who wishes to have their child excused from any planned instruction in sexual health education may do so upon filing a written request with the school district board of directors or its designee and the board of directors is required to make available the appropriate forms for such requests. Alternative educational opportunities are required to be provided for those excused. The requirement to report harassment, intimidation, or bullying under RCW 28A.600.480 applies to this section.
This part of the law has already been operating successfully since passage of the Healthy Youth Act in 2007. The Senate passed a Republican amendment to SB 5395 clarifying that schools must grant opt-out requests, further strengthening this provision.
Why is this legislation necessary for LGBTQ youth?
LGBTQ youth need sexual health education that addresses their specific identities and experiences so that they have the information and skills they need to stay healthy.
Sexual health education that is LGBTQ-inclusive also provides young people with opportunities to understand sexual orientation and gender identity in open, non-stigmatizing ways - promoting respect and empathy, both in the classroom and in the community.
When students don't see themselves reflected in the curriculum they tend to tune out and not learn.
Rates of suicide for LGBTQ students are much higher and seeing themselves reflected in the curriculum helps them feel supported. It helps them to feel more comfortable reaching out to teachers and staff if they are struggling with suicidal thoughts.
What does the new law require for kindergarten through grade 3?
Under SB 5395, schools are only required to provide instruction in social-emotional learning for grades K-3. There is no sexual content or sexuality content required for K-3.
According to the Office of the Superintendent of Public Instruction, “Social and Emotional Learning (SEL) is broadly understood as a process through which individuals build awareness and skills in managing emotions, setting goals, establishing relationships, and making responsible decisions that support success in school and in life. When we think of educating the whole child, their social and emotional development must be considered as a part of overall instruction.”
It appears the term “sex education” is being widely misunderstood and misconstrued when it comes to lower grade levels. The term “sexual health education” better represents the goals of the overall plan. This includes information that contributes to social-emotional health, such as skills to help a child develop healthy relationships and build a strong sense of self-esteem, which will empower the child to make healthy decisions regarding sexual behavior as teens.
What are some examples of the State Standards for elementary students?
The Washington State Health Education K-12 Learning Standards are organized into six core ideas that reflect typical units of study. Each core idea organizes outcomes related to the eight learning standards.
Washington State Health Education K-12 Core Ideas:
Wellness (W)
Safety (Sa)
Nutrition (N)
Sexual Health (Se)
Social-Emotional Health (So)
Substance Use and Abuse (Su)
Washington State Health Education K-12 Learning Standards:
Standard 1: Students will comprehend concepts related to health promotion and disease prevention to enhance health.
Standard 2: Students will analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors.
Standard 3: Students will demonstrate the ability to access valid information and products and services to enhance health.
Standard 4: Students will demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks.
Standard 5: Students will demonstrate the ability to use decision-making skills to enhance health.
Standard 6: Students will demonstrate the ability to use goal-setting skills to enhance health.
Standard 7: Students will demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks.
Standard 8: Students will demonstrate the ability to advocate for personal, family, and community health.
Here are some examples of grade-level student learning outcomes, provided as examples for districts of what a comprehensive course of instruction might look like. While the eight overarching health standards must be taught, core ideas and grade-level student learning outcomes are optional for district use.
Kindergarten
“Demonstrate healthy ways to express needs, wants, and feelings.”
“Identify safe and unwanted touch.”
“Recognize characteristics of a friend.”
First Grade
“Demonstrate healthy ways to express needs, wants, and feelings.”
“Identify safe and unwanted touch.”
“Recognize characteristics of a friend.”
Second Grade
“Identify characteristics and benefits of healthy friendships.”
Third Grade
“Identify trusted adults to communicate with about relationships.”
“List characteristics of healthy and unhealthy friendships.”
Fourth Grade
“Understand physical, social, and emotional changes occur during puberty.”
“Understand ways family, friends, and peers can have a positive or negative influence on relationships.”
“Label medically accurate names for body parts, including internal and external reproductive anatomy.”
“Recognize puberty and physical development can vary considerably.”
”Understand reproductive organs allow living things to reproduce.“
“Understand how communicable diseases are transmitted.”
Fifth Grade
“Manage physical, social, and emotional changes that occur during puberty.”
“Demonstrate appropriate interpersonal communication skills.”
“Identify methods of transmission and prevention of HIV.”
“Apply decision-making skills to make a health-enhancing choice.”
“Identify trusted adults to ask questions about gender identity and sexual orientation.”
“Recognize puberty prepares the body for reproduction.”
“Differentiate between healthy and unhealthy relationships.”
Will my school district be changing its curriculum?
If your school is already teaching comprehensive sexual health education that is compliant with the Healthy Youth Act, then not much needs to change, except the possible addition of age-appropriate presentation of affirmative consent and bystander training, and social-emotional learning, which doesn’t necessarily need to involve changing curriculum.
Starting in 2007, Washington’s Healthy Youth Act required that if schools opted to provide sexual health education, the curriculum they selected must be “medically and scientifically accurate, age-appropriate, and appropriate for students regardless of gender, race, disability status, or sexual orientation” and include information about abstinence as well as other methods of avoiding unintended pregnancy and sexually transmitted infections. SB 5395 builds upon the Healthy Youth Act by requiring all public schools to participate and offer comprehensive sexual health education in grades K-12. The only instruction required for K-3 will be social emotional learning.
More on curriculum: According to OSPI FAQ, Schools may use curricula and other instructional materials that have been reviewed by OSPI and the state Department of Health (DOH) for consistency with these provisions or may choose to develop and review materials themselves. Curriculum, instruction, and materials must be medically and scientifically accurate, and consistent with the provisions outlined in the bill. OSPI provides tools for districts to use when conducting their own reviews. OSPI does not approve, develop, or recommend a curriculum.
Public schools shall annually, by September 1st, identify to the office of the superintendent of public instruction any curricula used by the school to provide comprehensive sexual health education.
How frequently will Comprehensive Sexual Health Education be taught?
Beginning in the 2022-23 school year, comprehensive sexual health education must be provided to all public school students and no less than:
Once to students in kindergarten through grade 3 (only social emotional learning is required at this level)
Once to students in grades 4 through 5
Twice to students in grades 6 through 8
Twice to students in grades 9 through 12
The curriculum is not integrated throughout the year; rather, it is taught at very specific intervals.
Click the button below to Print & Share
Will sexual health education be integrated into other courses?
17 (10)Nothing in this section expresses legislative intent to
18 require that comprehensive sexual health education or components of
19 comprehensive sexual health education, be integrated into curriculum,
20 materials, or instruction in unrelated subject matters or courses.
P5, Lines 17-20 of ESSB 5395
Click the button below to Print & Share
Why is this legislation necessary for reducing unintended pregnancy?
In 2017, a total of 194,377 babies were born to women aged 15–19 years, for a birth rate of 18.8 per 1,000 women in this age group. This is another record low for U.S. teens and a drop of 7% from 2016. Birth rates fell 10% for women aged 15–17 years and 6% for women aged 18–19 years.
Although reasons for the declines are not clear, evidence suggests these declines are due to more teens abstaining from sexual activity, and more teens who are sexually active using birth control than in previous years.
Still, the U.S. teen pregnancy rate is substantially higher than in other western industrialized nations, and racial/ethnic and geographic disparities in teen birth rates persist.
Why is this legislation necessary for keeping our youth safe?
In Washington state, 12.3% of 8th graders, 18.9% of 10th graders, and 25.2% of 12th graders have been forced into kissing, sexual touch, or intercourse when they did not want to. Female students who identify as multi-racial experience higher rates of victimization than their white counterparts (2018 Healthy Youth Survey).
In Washington, STD rates increased in 2012-2016 by 7% among 15–17 year olds and 26% among 18–19 year olds (Department of Health, 2018).
Click the button below to Print & Share
Isn't it enough to teach abstinence to prevent teen pregnancy?
National research has found that teens who received comprehensive sex education are 50% less likely to experience pregnancy than those who received abstinence-only-until marriage education. (Kohler et al., 2008).
Research demonstrates that abstinence-only approach is ineffective. Since 1998, over $50 million in federal funds have been spent to teach abstinence only education. Research on those programs has shown that they had no effect on abstinence rates, and did not produce better health outcomes for teens who chose to be sexually active.
Click the button below to Print & Share
Who supports Comprehensive Sexual Health Education?
Parents and guardians overwhelmingly support sexual health education (PLOS.ORG), with more than 93% placing a high importance on sexual health education in both middle and high school – regardless of political affiliation. At least 84% of parents and guardians that identify as Republicans or Democrats support the inclusion of a wide range of topics in high school, including puberty, healthy relationships, sexual orientation, abstinence, STDs, and birth control. More than 78% of parents and guardians support teaching those topics in middle school.
The National Association of School Nurses (NASN) supports evidence-based sexual health education that is accessible to all students, as part of a comprehensive school health education program (NASN, 2017)
The American Academy of Pediatrics (AAP) highlights the importance of children and adolescents learning age-appropriate sexual health education to help youth develop a safe and positive view of sexuality (Breuner & Mattson, 2016).
Remote Learning Considerations
Remote Comprehensive Sexual Health Education (CSHE) may:
Address increased needs related to online safety, healthy relationships, and consent.
Relate required HIV/STD prevention instruction to COVID-19 prevention strategies.
Create a safe space for students to engage in the conversation and ask questions. Provides options for students to ask questions anonymously.
Address challenges related to privacy – consider using both synchronous (live, teacher-led) and asynchronous (independent work) instruction to allow flexibility; consider requiring/providing earbuds.
Engage families – notify them of planned instruction, offer and honor opt-outs, keep them informed, use family homework assignments related to classroom instruction.
The need for medically accurate sexual health education is greater than ever as students spend more time online, and often have more unsupervised time.