By Bob Katzen
The Senate approved, on a voice vote without a roll call, and sent to the House legislation that would require that all public schools offering a comprehensive sexual health education curriculum “provide medically accurate, age-appropriate sexual health education.” The Senate has approved the bill four times in the past including a 38-1 vote by which it passed in 2023. Each time the measure died from inaction by the House.
The Board of Elementary and Secondary Education (BESE) in September adopted updated revisions to local sex education rules that are in line with the changes sought under the Senate bill.
Sen. Sal DiDomenico, the sponsor of the bill, said he supports the revisions adopted by the board, with the backing of Gov. Maura Healey, but noted they are “guidelines and suggestions only.”
“The [bill] turns them into a minimum standard,” said DiDomenico. “It gives teeth to frameworks, and ensures kids aren’t receiving inaccurate and harmful information. This prevents bad stuff from being taught in our schools.”
The bill’s prospects for passage in the House do not look promising this year, given the remarks by House Speaker Ron Mariano (D-Quincy) last week. “Given that it has been less than a year since BESE adopted the new guidelines, it is important that we give school districts adequate time to implement them, rather than rush to potentially amend or codify them into law,” said Mariano.
Under current law, public schools are not required to teach sex education and the bill does not change that but rather mandates that any schools that choose to teach sex education are required to follow a curriculum, based on age, that includes human anatomy, reproduction and sexual development; the benefits of abstinence and delaying sexual activity; the importance of effectively using contraceptives to prevent unintended pregnancy and sexually transmitted diseases, including HIV and AIDS; ways to effectively discuss safe sexual activity; relationship and communication skills to form healthy, respectful relationships free of violence, coercion and intimidation; and information about gender identity and sexual orientation for all students, including recognition that people have different sexual orientations, gender identities and gender expressions.
The measure also requires any school offering sex education to notify parents about the school’s sex education curriculum and gives parents the right to withdraw a student from the instruction. Another provision creates a process for parents to inspect the program instruction materials before the start of the course.
Supporters said that under the bill, local cities and towns still have the authority and power to decide whether sex education is taught in their schools. They said the measure will ensure that schools that choose to teach sex education will have a framework to follow. They noted the bill will prepare students to make healthy decisions and will reduce teen pregnancy and sexually transmitted diseases.
“The [bill] will finally make it clear that sex and relationship education in Massachusetts must be inclusive of all students and emphasize the importance and necessity of consent in relationships,” said DiDomenico. “I am proud we passed this commonsense health policy through the Senate and now we must get it over the finish line to ensure our children have the information they need to protect their health, form respectful relationships and build the bright futures they deserve.”
“Today’s vote affirms what we already know – a strong majority of people in Massachusetts, including most parents, want young people to receive sex and relationship education at school,” said Jamie Klufts, co-chair of the Healthy Youth Coalition. “We look forward to working with the House to pass the [bill] this session so that the state’s exciting new Health and Physical Education Framework can reach its full potential and do the most to support our students and teachers.”
“Providing comprehensive, age-appropriate, and medically accurate sex and relationship education to our youth is the best way to prepare them to make safe and healthy choices,” said Sen. Jason Lewis (D-Winchester), Senate Chair of the Committee on Education. “I’m pleased that the Senate is continuing to advance this legislation that ensures that Massachusetts public schools use research-informed curricula that prioritize inclusivity and the health and well-being of students.”
No one spoke against the bill during Senate debate on the proposal but there was opposition from outside the Legislature.
“The bill is government mandated ideological instruction under the guise of health education,” Catholic Action League Executive Director C. J. Doyle told Beacon Hill Roll Call. “It will use the authority of the law and the money of the taxpayers to impose the value system of the secular left onto the public schoolchildren of the state. This legislation requires sex-ed courses in public schools to include ‘affirmative education that people have different sexual orientations, gender identities and gender expressions.’ That affirmative approach extends, explicitly, to the practice of contraception, and implicitly, to abortion.
Doyle continued, “According to the proposed law, all public school sex education must be consistent with the Massachusetts Comprehensive Health Curriculum Framework, recently revised by the Healey Administration. That document is filled with references to acknowledging diversity, showing respect for different kinds of families and overcoming stereotypes, prejudices, bias, sexism and cultural stigmas—thinly disguised code language for traditional moral beliefs.
“If enacted, this legislation will effectively preclude any public school teacher, administrator, nurse or staff member from raising a moral objection or voicing an ethical dissent to any of the sexual behaviors celebrated and affirmed under this curriculum. Should this measure ever become law, one can only hope that the recent experience in the City of Worcester—where significant numbers of parents exercised their right to a sex-ed opt-out for their children—will be emulated throughout the commonwealth.”
Sam Whiting, an attorney for the Massachusetts Family Institute told Beacon Hill Roll Call that this bill isn’t about sex education, it’s about sexual indoctrination. “Parents and school committees don’t want a radically progressive, one-size-fits-all sex education curriculum crammed down on them from Beacon Hill. We are optimistic that even though the bill has passed in the Senate, it will again die in the House, as it has the last four legislative sessions.”