By the 2022-23 school year, all schools must provide comprehensive sexual health education (CSHE) to all students. All students includes any student enrolled in a district or public charter school, such as those in special education programs, online learning or alternative learning experiences, etc. 

Instruction must be consistent with Health Education K-12 Learning Standards, which provide a framework for comprehensive instruction and the provisions of the law. Grade-level outcomes are provided as examples only and do not represent a required course of instruction. 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. 

• 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 provide 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 provide 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 language and strategies that recognize all members of protected classes.
• 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 has provided a reporting tool).

The 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 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 be inclusive, using 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;
  • HIV/AIDS prevention starting no later than 5th grade (per RCW 28A.230.070);
  • 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;
  • 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 (per RCW 28A.300.145). 

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 after the 2021-22 school year (no later than Aug. 31 each year), all schools must report annually to OSPI on the following:

• Identify any curricula used to provide comprehensive sexual health education during the current/most recent school year
• Describe how classroom instruction aligns with the requirements of RCW 28A.300.475

To assist schools in meeting this requirement, OSPI has provided a reporting survey. Schools must use the online reporting survey provided and are encouraged to submit their reports by June 30 each year for the current/most recent school year. 

Beginning after the 2022-23 school year, OSPI must summarize and report the results of the school reports to the legislature biennially.

A PDF version of the reporting tool is available to assist with preparing for completion of the report.

• Comprehensive Sexual Health Education FAQ Updated 10/12/21 (see Parent/Guardian Resources below for translated versions)
• K-3 Social Emotional Learning FAQ 12/30/2021
• Senate Bill 5395 (RCW 28A.300.475)
• WAC 392-410-140 (not yet updated to reflect new requirements of RCW 28A.300.475)
• RCW 28A.300.145 (age-appropriate information about sexual offenses)
• 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
• 2022 Comprehensive Sexual Health Education Reporting Requirements (B011-22) 02/25/2022
• Comprehensive Sexual Health Education by Grade Band 03/11/2022
• A Guide to Sexual Health Education Implementation in Washington State 06/14/2022
• 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)
• 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 the requirements of RCW 28A.300.475.

District Resources

• Sexual Health Education Instructional Materials
• 2021-22 Reviewed SHE Instructional Materials List  
• 2017-19 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

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 Requirement—English | Russian | Spanish | Ukrainian. 
• Combined HIV/SHE Parent Notification Letter—English | Arabic | Chinese | Korean | Russian | Somali | Spanish | Ukrainian | 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 | Vietnamese).  
• K-3 Social Emotional Learning FAQ 12/30/2021