PRIOR PRINTER'S NO. 1738
PRINTER'S NO. 1832
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1277
Session of
2022
INTRODUCED BY AUMENT, MARTIN, PHILLIPS-HILL, CORMAN, HUTCHINSON,
PITTMAN, BARTOLOTTA, MASTRIANO, MENSCH, J. WARD, STEFANO AND
BROOKS, JUNE 10, 2022
AS AMENDED ON THIRD CONSIDERATION, JUNE 28, 2022
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in terms and courses of study,
providing for parental notification relating to instructional
materials and books containing sexually explicit content.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1529. Parental Notification Relating to
Instructional Materials and Books Containing Sexually Explicit
Content.--(a) The governing body of a school entity shall
develop and make public policies that provide parental
notification of instructional materials and books containing
sexually explicit content and include information, guidance,
procedures and standards relating to:
(1) Directly identifying specific instructional materials
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containing sexually explicit subjects that are used by or made
available to students at schools in the school entity.
(2) Directly identifying books within libraries of the
schools containing sexually explicit content that are used by or
made available to students at schools in the school entity.
(3) Ensuring parental notification of specific sexually
explicit content prior to student exposure.
(4) Permitting the parent or legal guardian of a student to:
(i) Review instructional materials that contain sexually
explicit content and require the school entity to provide, as an
alternative, nonexplicit instructional materials and related
academic activities to the student, if requested by the parent
or legal guardian.
(ii) Review a book from the school library containing
sexually explicit content that the student wishes to view and
prevent the student from viewing the book if requested by the
parent or legal guardian.
(b) Prior to adopting the policies required under this
section, the governing body of a school entity shall seek input
at a public forum to ensure that the policies are consistent
with this section and adopted no later than August 30, 2022.
(c) Nothing in this section shall be construed to:
(1) Prohibit a school entity from implementing additional
transparency measures for sexually explicit content.
(2) Prevent a school entity from determining that sexually
explicit content is not appropriate for minors or certain ages
of students within the school entity, even when the content
would not violate other laws.
(3) Permit the giving of sexually explicit materials to
minors that are prohibited by any other applicable law.
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(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"School entity." A school district, intermediate unit, joint
school, area career and technical school, charter school,
regional charter school or cyber charter school.
"Sexual conduct." As defined in 18 Pa.C.S. ยง 5903(e)(3)
(relating to obscene and other sexual materials and
performances). ACTS OF MASTURBATION, SEXUAL INTERCOURSE, SEXUAL
BESTIALITY OR PHYSICAL CONTACT WITH A PERSON'S CLOTHED OR
UNCLOTHED GENITALS, PUBIC AREA, BUTTOCKS OR, IF THE PERSON IS A
FEMALE, BREAST.
"Sexually explicit content." Shall include the following:
(1) Materials that contain visual or visually implied
depictions of sexual conduct or simulations of sexual conduct.
(2) Materials that contain explicit written descriptions of
sexual conduct.
(3) Materials that contain visual depictions of nudity
accessible to minors in kindergarten through grade eight.
Section 2. This act shall take effect in 60 days.
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