Earlier this week, the Ohio Department of Education (ODE) released a new webpage to assist school districts to meet new health curriculum requirements in Ohio Revised Code (RC) 3313.60, enacted in Senate Bill (SB) 288.
The SB 288 amendments were effective Apr. 4, 2023. Beginning in the 2023-24 school year, they require districts to provide, as part of their health curriculum:
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Annual developmentally appropriate instruction in child sexual abuse prevention for grades K-6. The instruction must include information on available counseling and resources for children who are sexually abused. The instruction and information provided cannot be connected in any way to any individual, entity or organization that provides, promotes, counsels or makes referrals for abortion or abortion-related services. (RC 3313.60(A)(5)(d)).
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There are similar requirements for developmentally appropriate instructions on child sexual abuse prevention for community schools (RC 3314.0310(A) and (B)(1)) and STEM schools (3326.091(A) and (B)(1)).
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Upon written request of a student’s parent or legal guardian, the student shall be excused from taking instruction in child sexual abuse prevention.
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Developmentally appropriate instruction in sexual violence prevention education for grades 7-12. This was added to the existing requirement that districts provide dating violence prevention education, which instruction was changed from “age-appropriate” to “developmentally appropriate.” The instruction and information cannot be connected in any way to any individual, entity, or organization that provides, promotes, counsels or makes referrals for abortion or abortion related services. (RC 3313.60(A)(5)(f)).
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Upon written request of a student’s parent or legal guardian, the student shall be excused from taking instruction in sexual violence prevention.
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Districts are required notify parents and legal guardians of students who receive instruction in child sexual abuse prevention and sexual violence prevention that:
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The instruction is a required part of the district’s curriculum;
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Upon request, parents and legal guardians may examine instructional materials in accordance with the instruction;
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Upon written request of a student’s parent or legal guardian, the student shall be excused from taking instruction in child sexual abuse prevention and sexual violence prevention. (RC 3313.60(A)(5)(f)).
If a parent or legal guardian of a student under 18 submits a written request to examine the dating violence prevention and sexual violence prevention instruction materials used at the school, the principal shall allow the parent or guardian to examine those materials at school within 48 hours after the require is made.
Finally, the act requires ODE, in order to assist school districts in developing dating violence prevention education and sexual violence prevention education curriculum, to provide on its website, links to free curricula in these areas. The webpage announced this week—Child Sexual Abuse, Dating Violence and Sexual Violence Prevention—includes links to curricula on dating violence prevention education and sexual violence prevention education as required by the law. It also links to providers who may assist districts with developing curriculum for instruction on child sexual abuse prevention. In addition, the webpage explains the curriculum and parental notice requirements and provides information about required in-service training.
OSBA’s division of legal services will continue to monitor ODE for future resources in these areas and will make them available to districts as ODE provides them.