SB 230 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in terms and courses of study, providing for parental control relating to instructional materials and books containing sexually explicit content.

PRINTER'S NO.   176

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 230
                                               Session of
                                                 2025

     INTRODUCED BY MASTRIANO, ROTHMAN, BROOKS, HUTCHINSON, STEFANO,
        MARTIN, J. WARD AND DUSH, FEBRUARY 3, 2025

     REFERRED TO EDUCATION, FEBRUARY 3, 2025


                                    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 content that are used by or made
 1   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 as follows:
 7      (i)    A student shall be prohibited from being provided or
 8   having access to sexually explicit content in the classroom or
 9   library unless a parent or legal guardian has signed and
10   returned an opt-in form providing their permission.
11      (ii)    If the student's parent or legal guardian does not give
12   permission for the student to be provided or have access to
13   sexually explicit content or the parent or legal guardian has
14   not submitted a completed opt-in form, the student shall be
15   provided with alternative nonexplicit instructional materials
16   and related activities.
17      (iii)    The opt-in form must include the following language:
18      By signing this document I am giving permission for my child
19      to be provided books, handouts and instructional material
20      that may include written or visual depictions of sexual
21      conduct. Sexual conduct is defined in law as "acts of
22      masturbation, sexual intercourse, sexual bestiality or
23      physical contact with a person's clothed or unclothed
24      genitals, pubic area, buttocks, or, if the person is a
25      female, breast."
26      (iv)    The opt-in form must include a list of book titles and
27   materials scheduled to be used as part of curriculum and class
28   discussion or available within the school that meet the
29   definition of sexually explicit content.
30      (4)    Permitting the parent or legal guardian of a student to

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 1   review instructional materials and library books that contain
 2   sexually explicit content upon request.
 3      (b)   Prior to adopting the policies required under this
 4   section, the governing body of a school entity shall seek input
 5   at a public forum to ensure that the policies are consistent
 6   with this section and adopted no later than August 30, 2025.
 7      (c)   Nothing in this section shall be construed to:
 8      (1)   Prohibit a school entity from implementing additional
 9   transparency measures for sexually explicit content.
10      (2)   Prohibit a school entity from determining that sexually
11   explicit content is not appropriate for minors or students of
12   certain ages within the school entity, notwithstanding if the
13   content would not violate other laws.
14      (3)   Permit the distribution of sexually explicit materials
15   to minors that are prohibited by other law.
16      (d)   As used in this section, the following words and phrases
17   shall have the meanings given to them in this subsection unless
18   the context clearly indicates otherwise:
19      "School entity."    A school district, intermediate unit, joint
20   school, area career and technical school, charter school,
21   regional charter school or cyber charter school.
22      "Sexual conduct."   Acts of masturbation, sexual intercourse,
23   sexual bestiality or physical contact with a person's clothed or
24   unclothed genitals, pubic area, buttocks or, if the person is a
25   female, breast.
26      "Sexually explicit content."    The term shall include the
27   following:
28      (1)   Materials that contain visual or visually implied
29   depictions of sexual conduct or simulations of sexual conduct.
30      (2)   Materials that contain explicit and excessive written

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1   descriptions of sexual conduct.
2      (3)   Materials that contain visual depictions of nudity
3   accessible to minors in kindergarten through grade eight.
4      Section 2.   This act shall take effect in 60 days.




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