PRIOR PRINTER'S NO. 619 PRINTER'S NO. 1174
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 7
Session of
2023
INTRODUCED BY AUMENT, ARGALL, DUSH, BROOKS, STEFANO, MASTRIANO,
PENNYCUICK, ROTHMAN, MARTIN, HUTCHINSON AND J. WARD,
APRIL 20, 2023
SENATOR ARGALL, EDUCATION, AS AMENDED, OCTOBER 18, 2023
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," in terms and courses of study,
6 providing for parental control relating to instructional
7 materials and books containing sexually explicit content.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
11 as the Public School Code of 1949, is amended by adding a
12 section to read:
13 Section 1529. Parental Control Relating to Instructional
14 Materials and Books Containing Sexually Explicit Content.--(a)
15 The governing body of a school entity shall develop a public
16 policy that provides parental control of instructional materials
17 and books containing sexually explicit content and includes
18 information, guidance, procedures and standards relating to:
19 (1) Directly identifying specific instructional materials
20 containing sexually explicit subjects CONTENT that are used by <--
1 or made available to students at schools in the school entity.
2 (2) Directly identifying books within libraries of the
3 schools containing sexually explicit content that are used by or
4 made available to students at schools in the school entity.
5 (3) Implementing the use of an opt-in form to ensure
6 parental control of sexually explicit content. The following
7 shall apply:
8 (i) A student shall be prohibited from being provided or
9 having access to sexually explicit content in the classroom or
10 library unless a parent or legal guardian has signed and
11 returned an opt-in form providing their permission.
12 (ii) If the student's parent or legal guardian does not give
13 permission for the student to be provided or have access to
14 sexually explicit content or the parent or legal guardian has
15 not submitted a completed opt-in form, the student shall be
16 provided with alternative nonexplicit instructional materials
17 and related activities.
18 (iii) The opt-in form must include the following language:
19 By signing this document I am giving permission for my child
20 to be provided books, handouts and instructional material
21 that may include written or visual depictions of sexual
22 conduct. Sexual conduct is defined in law as "Acts of
23 masturbation, sexual intercourse, sexual bestiality or
24 physical contact with a person's clothed or unclothed
25 genitals, pubic area, buttocks, or, if the person is a
26 female, breast."
27 (iv) The opt-in form must include a list of book titles and
28 materials scheduled to be used as part of curriculum and class
29 discussion or available within the school that meet the
30 definition of sexually explicit content.
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1 (4) Permitting the parent or legal guardian of a student to
2 review instructional materials and library books that contain
3 sexually explicit content upon request.
4 (b) Prior to adopting the policies required under this
5 section, the governing body of a school entity shall seek input
6 at a public forum to ensure that the policies are consistent
7 with this section and adopted no later than August 30, 2023 <--
8 2024. <--
9 (c) Nothing in this section shall be construed to:
10 (1) Prohibit a school entity from implementing additional
11 transparency measures for sexually explicit content.
12 (2) Prohibit a school entity from determining that sexually
13 explicit content is not appropriate for minors or students of
14 certain ages within the school entity, notwithstanding if the
15 content would not violate other laws.
16 (3) Permit the distribution of sexually explicit materials
17 to minors that are prohibited by other law.
18 (d) As used in this section, the following words and phrases
19 shall have the meanings given to them in this subsection unless
20 the context clearly indicates otherwise:
21 "School entity." A school district, intermediate unit, joint
22 school, area career and technical school, charter school,
23 regional charter school or cyber charter school.
24 "Sexual conduct." Acts of masturbation, sexual intercourse,
25 sexual bestiality or physical contact with a person's clothed or
26 unclothed genitals, pubic area, buttocks or, if the person is a
27 female, breast.
28 "Sexually explicit content." The term shall include the
29 following:
30 (1) Materials that contain visual or visually implied
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1 depictions of sexual conduct or simulations of sexual conduct.
2 (2) Materials that contain explicit AND EXCESSIVE written <--
3 descriptions of sexual conduct.
4 (3) Materials that contain visual depictions of nudity
5 accessible to minors in kindergarten through grade eight.
6 Section 2. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 0619: P.L.30, No.14
Printer's No. 1174: P.L.30, No.14