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Bulletin 092-20 - New Requirements for Comprehensive Sexual Health Education Effective December 3, 2020
SB 5395 Frequently Asked Questions (FAQ) document updated 10/16/2020.
New 2018 Youth Sexual Health Fact Sheet now available.
Coronavirus Guidance for Providing HIV/AIDS Prevention Education Remotely. Updated 9/30/2020.
OSPI provides technical assistance and support to schools by promoting best practices in HIV/AIDS prevention and sexual health education. The Guide to Sexual Health Education Implementation in Washington State (2020) summarizes legislative requirements and best practices for providing sexual health education in schools. This document is being updated to reflect new legislative requirements.
Washington state law requires annual HIV/AIDS prevention education beginning in grade 5, in accordance with the AIDS Omnibus Act. The KNOW curriculum is one option for meeting HIV/AIDS prevention requirements in grades 5-8.
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.
Senate Bill 5395, passed by the Legislature and Washington voters in 2020, adds new requirements for schools starting in the 2020–21 school year. Current requirements for sexual health education as well as new requirements in the bill are listed below by grade band. For more information about Senate Bill 5395, including a Frequently Asked Questions document, please see our New Legislation page.
No sexual health content is currently required for grades K-3.
If districts choose to provide sexual health education, it must be consistent with requirements in the Healthy Youth Act.
Beginning in the 2022-23 school year, schools must provide social emotional learning (SEL) to students in grades K-3. 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.
The only instruction currently required is HIV/STD prevention, which must start no later than 5th grade and be provided annually through 12th grade. If districts choose to provide additional sexual health education, it must be consistent with requirements in the Healthy Youth Act.
Beginning in the 2020-21 school year, 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 as defined in SB 5395 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.” Since most 4th and 5th grade students are not engaged in sexual activity, age-appropriate instruction might focus on hugs or horseplay, hand-holding, kissing or other touch, 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 physical touch. These topics 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.
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.
For more information, see New Legislation: Senate Bill 5395.
The only instruction currently required is HIV/STD prevention, which must start no later than 5th grade and be provided annually through 12th grade.
If districts choose to provide additional sexual health education, it must be consistent with requirements in the Healthy Youth Act. 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 2020-21 school year, 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 6th through 8th grades it might focus on hugs, hand-holding, kissing or sexual touch, 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.
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.
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, and 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.
For more information, please see New Legislation: Senate Bill 5395.
The only instruction currently required is HIV/STD prevention, which must start no later than 5th grade and be provided annually through 12th grade.
If districts choose to provide additional sexual health education, it must be consistent with requirements in the Healthy Youth Act. 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 2020-21 school year, 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.
Beginning in the 2021-22 school year, schools must start providing comprehensive sexual health education at least twice in grades 9-12. 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.
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, and 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.
For more information, please see New Legislation: Senate Bill 5395.
The need for medically accurate sexual health education is greater than ever as students spend more time online, and often have more unsupervised time.
Remote Learning Considerations for all content areas, including Health Education, can be found on OSPI’s COVID-19 Guidance and Resources webpage. Additional resources specific to sexual health education can be found on the HIV and Sexual Health Education Resources page.
In partnership with the Department of Health, OSPI conducts regular reviews of curricula and other materials to support districts in meeting state requirements for the delivery of sexual health education (RCW 28A.300.475).
Beginning in December 2020 districts reviewing their own sexual health education materials must use OSPI-developed instructional materials review tools, which can be found on this webpage.
SHB 1539 (Erin’s Law), passed by the WA legislature in 2018, addressed sexual abuse prevention in Washington state schools. The bill did not require schools to provide sexual abuse prevention instruction. OSPI and the Department of Children, Youth, and Families (DCYF) were tasked with reviewing curricula and developing recommendations for school-based sexual abuse prevention in grades K-12.