Comprehensive Sexual Health Education Implementation
Senate Bill 5395, passed by the Legislature and Washington voters in 2020, went into effect on December 3, 2020 (see Bulletin 092-20). It requires all public schools to provide comprehensive sexual health education (CSHE) by the 2022–23 school year, with some requirements beginning in the 2020-21 school year.
Instruction must be consistent with Health Education K-12 Learning Standards, which provide a framework for comprehensive instruction and the provisions of the law. Instruction must also be age-appropriate, medically and scientifically accurate, and inclusive of all students, using language and strategies that recognize all members of protected classes.
Timeline for Implementation
- Schools already providing CSHE must include age-appropriate information about affirmative consent and bystander training.
- Schools not already providing CSHE must begin preparing to incorporate age-appropriate instruction on affirmative consent and bystander training.
- Schools not already providing CSHE must consult with parents and guardians, local communities, and the Washington State School Directors’ Association about CSHE.
- Schools must begin providing CSHE at least twice in grades 6−8 and at least twice in grades 9−12. "Twice" will generally be two units of instruction in at least two grades per grade band, with enough instruction to address required content and skill development as reflected in the Health Education K-12 Learning Standards.
- Instruction must include age-appropriate information about affirmative consent and bystander training.
- Instruction must include language and strategies that recognize all members of protected classes.
- Schools must provide social-emotional learning (SEL) to students in grades K−3. There is no sexual health content required for students in grades K–3.
- Schools must begin providing CSHE at least once in grades 4−5. "Once" will generally be a unit of instruction in at least one grade, with enough instruction to address required content and skill development as reflected in the Health Education K-12 Learning Standards.
- Schools must inform OSPI of any curricula used to provide comprehensive sexual health education and describe how their instruction aligns with the requirements of the bill (OSPI will provide a reporting tool).
Implementation Requirements
The only required content is:
- In grades K-3, instruction must be in Social Emotional Learning (SEL) - learning to do things like manage feelings, set goals, and get along with others. Instruction must be consistent with Social and Emotional Learning Standards and Benchmarks. (Note: there is no sexuality content required for students in grades K-3.)
- In grades 4-12, instruction must be consistent with Health Education K-12 Learning Standards, must use language and strategies that recognize all members of protected classes, and must include age-appropriate, medically/scientifically, inclusive information about:
- The physiological, psychological, and sociological developmental processes experienced by an individual;
- Abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases;
- Health care and prevention resources;
- The development of intrapersonal and interpersonal skills to communicate, respectfully and effectively, to reduce health risks and choose healthy behaviors and relationships based on mutual respect and affection, and free from violence, coercion, and intimidation;
- 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.
Requirements by Grade Band
What is currently required?
No sexual health content is currently required for grades K-3.
If districts choose to provide sexual health education, it must be consistent with new CSHE requirements.
New Requirements
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.
What is currently required?
The only instruction previously required (since 1988) 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 new CSHE requirements.
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.
New Requirements
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 RCW 28A.300.475 is an approach to giving and receiving consent that includes enthusiastic, "conscious and voluntary agreement to engage in sexual activity as a requirement before sexual activity." It is not just the absence of “no.” Since the law also says that instruction must be age-appropriate and 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. Instruction in these grades does not need to address sexual behavior unless the district has decided to do so for a specific reason (e.g. 6th grade Healthy Youth Survey data that suggests a need). 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 RCW 28A.300.475. Instruction should include 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.
New Requirements
Schools much continue providing HIV/STD prevention education, which must start no later than 5th grade and be provided annually through 12th grade.
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 RCW 28A.300.475, 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. Students must receive 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 as a requirement before 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.
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."
New Requirements
Schools much continue providing HIV/STD prevention education, which must start no later than 5th grade and be provided annually through 12th grade.
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 RCW 28A.300.475, 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. Students must receive 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 as a requirement before 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.
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."
Materials & Resources
- Comprehensive Sexual Health Education FAQ Updated 10/12/21 (see Parent/Guardian Resources below for translated versions)
- K-3 Social Emotional Learning FAQ 02/12/2021
- Senate Bill 5395 (RCW 28A.300.475)
- WAC 392-410-140 (not yet updated to reflect new requirements of RCW 28A.300.475)
- Youth at Risk – The Need for Sexual Health Education in Schools (OSPI Research Brief, 2019)
- Health Impact Review of ESSB 5395 (Washington State Board of Health, 2019)
- New Requirements for Comprehensive Sexual Health Education (B092-20) 12/18/2020
- A Guide to Sexual Health Education Implementation in Washington State 10/12/2021
- Guidelines for Sexual Health and Disease Prevention, 01/13/2005
- CSHE Implementation Webinar, 12/17/2020
- Model Policy #2125, Sexual Health Education–contact WSSDA
- Model Policy #2126, HIV-AIDS Prevention Education, is available for district use (WSSDA)
- WISE Toolkit, from Working to Institutionalize Sex Ed (WISE), a national initiative that supports school districts in implementing sexual health education.
- Cardea Services, a non-profit based in Seattle, provides comprehensive sexual health education resources and technical assistance through the WA PREP for Healthy Youth project, with funding from the WA Dept. of Health.
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 of the law or may choose to develop and/or review materials themselves with OSPI-developed review tools. OSPI does not approve or develop curriculum.
Curriculum, instruction, materials, and guest speakers must be medically and scientifically accurate, and consistent with the provisions outlined in the law.
Curriculum, instruction, materials, and guest speakers must be inclusive, using language and strategies that recognize all members of protected classes (see HIV and Sexual Health Education Resources).
Districts conducting their own reviews of sexual health education materials (rather than using OSPI-reviewed materials) must use OSPI-developed instructional materials review tools to ensure that materials meet requirements. Note: All review instruments have been updated to reflect new requirements of RCW 28A.300.475.
District Resources
- Sexual Health Education Instructional Materials
- 2017-21 Reviewed SHE Instructional Materials List
- 2015-19 Consent/Bystander Training Instructional Materials Updated 01/07/2021
- About the State-Level Sexual Health Education Curriculum Reviews
- OSPI-developed instructional materials review tools
Parent/Guardian Materials
Parents and guardians must be notified in advance of planned instruction, must be able to review all CSHE instructional materials, and must be given the opportunity to opt their child out of CSHE instruction.
- Sample Letter for Parents and Guardians Regarding CSHE Requirements-also available in Russian, Spanish, and Ukrainian.
- Combined HIV/SHE Parent Notification Letter, also available in Arabic, Chinese, Korean, Russian, Somali, Spanish, Ukrainian, and Vietnamese.
- Sample SHE Instruction Parent Waiver
- Sample HIV Instruction Parent Letter
- Sample HIV Instruction Parent Waiver
- Comprehensive Sexual Health Education FAQ Updated 10/12/21 (Earlier version of the FAQ also available in Russian, Spanish, Ukrainian, and Vietnamese).
- K-3 Social Emotional Learning FAQ 02/12/2021