Healthy Youth Act
In 2007 the Washington State Legislature passed the Healthy Youth Act, also known as HYA (RCW 28A.300.475) with bi-partisan support. As of September 2008, all sexual health education offered in Washington public schools must be medically and scientifically accurate, age-appropriate, unbiased, and comprehensive. The curricula must also be consistent with the 2005 Guidelines for Sexual Health and Disease Prevention
Abstinence may not be taught to the exclusion of instruction and materials on FDA approved contraceptives and other disease prevention methods.
The Healthy Youth Act is associated with WAC 392-410-140.
Washington State is one of the first states to pass a bill requiring that sexual health curricula be comprehensive and medically accurate.
Other Washington State Laws Related To Sexual Health
Common school curriculum requires all schools give instruction regarding methods to prevent exposure to and transmission of sexually transmitted diseases.
Common school curriculum -- Fundamentals in conduct. (RCW 28A.230.020)
The definition of sex education is defined under Washington Administrative Code and includes an opt-out provision, giving parents and legal guardians the right to have their child excused from sexuality education.
Washington law also provides a sexual harassment statute that requires that all school courses be provided to all students regardless of sex but allows classes to be separated by gender for sexuality education.
Reference to sex education in sexual harassment statute. (RCW 28A.640.020(1)(d))
The Washington AIDS Omnibus Act, passed in 1988, requires that all Washington public schools teach HIV/AIDS prevention education each year beginning in 5th grade.
AIDS Omnibus Act (RCW 28A.230.070)
The AIDS Omnibus Act must be balanced with the Healthy Youth Act. OSPI provides a comparison of the Healthy Youth Act and the AIDS Omnibus Act:
In 2009, the Washington State legislature passed the Proven Programs Act by a vote of 67-31. The State Senate passed this bill on March 4 by a vote of 33-14. This new law requires any funding the state seeks for sexual health education to be for programs that are effective, medically accurate and proven to work.
The Proven Programs Act confirms Washington state's commitment, established by the 2007 Healthy Youth Act, to reducing unintended pregnancy and STDs and fixes an old law requiring Washington’s Department of Health to apply for disproven abstinence-only-until-marriage funding.
At the Federal Level
Washington is now one of many states that refuses to accept Title V Abstinence-only-until-marriage funding.
The Obama administration recently announced the allocation of more funds towards teen pregnancy prevention—these programs need to be medically-accurate, age-appropriate, and include information on abstinence and proper use of contraception.
As of 2010, federal funding was eliminated for abstinence-only-until-marriage programs.