Disability and Sexual Health Education

A Brief Overview

  • Sexual education is a legal requirement in Washington State. Read on for information about what the state requires and resources for supporting a child to learn developmentally appropriate information related to health and sexuality.
  • The state provides a Sexual Violence Prevention website page with information about work underway toward the prevention of child sexual abuse.
  • Helping young people talk about sexual consent can support students in learning to make healthy choices that serve them for a lifetime. Rooted in Rights of Washington offers a step-by-step guide for talking about consent with youth with disabilities.
  • May is Sex Ed for All Month. Sex Ed for All Month is an opportunity to raise awareness and call for real investment in sex education in schools and communities across the country. Sex Ed for All Month is coordinated by the Sex Education Collaborative, in collaboration with a national coalition of sexual and reproductive health, rights, and justice organizations committed to ensuring equitable and accessible sex education for all young people nationwide. For resources, visit The Healthy Teen Network
  • For a library of resources, visit the Parent Center Hub: Sexuality Education for Students with Disabilities.

Full Article

Parents or guardians are the first and primary sexual health educators of children. What parents and caregivers believe, say, and do can have a powerful influence on the development of healthy sexuality in children. This article provides resources to support healthy sexuality for families and youth, including standards and instruction that align public schools with state laws.

Washington state law requires schools to provide education about the life-threatening dangers of HIV/AIDS, its transmission, and its prevention. HIV/AIDS prevention education is required to begin by grade 5 and is provided annually, in accordance with the AIDS Omnibus Act (RCW 28A.230.070). The state’s model for providing this education is called the KNOW Curriculum, developed for grades 5-8.

The topic of child sexual abuse prevention is addressed by Erin’s Law (HB 1539), passed by the WA legislature in 2018. The bill named the Office of Superintendent of Public Instruction (OSPI) as the lead agency tasked with reviewing curricula and assisting the Department of Children, Youth, and Families (DCYF) with developing a coordinated program for the prevention of child sexual abuse in grades K-12. OSPI provides a Sexual Violence Prevention website page that includes information about work underway.

Inclusive comprehensive sexual health education (CSHE) is required in Washington schools, beginning with the 2022-23 school year. Planning and implementation has been underway since 2020. Instruction must be consistent with Health Education K-12 Learning Standards, which provide a framework for comprehensive instruction, and the provisions of RCW 28A.300.475.

For students in grades 4-12, CSHE is defined in the law as “recurring instruction in human development and reproduction that is medically accurate, age-appropriate and inclusive of all students…using language and strategies that recognize all protected classes.” Disability is a protected class. Therefore, CSHE offered to students in grades 4-12 must be inclusive of disability.

Instruction for students in grades Kindergarten-3 is defined in the law as Social-Emotional Learning. This instruction is not focused on human development or reproduction.

CSHE that addresses consent and provides opportunities for developing communication and decision-making skills can support students in making healthy choices that serve them for a lifetime. Consent is defined as granting permission for something to happen or agreement to do something. Consent is important to understand in the context of sexual activity. Rooted in Rights of Washington provides written information and a video within its step-by-step guide for talking about consent with youth with disabilities.

Dating and sexual intimacy are subjects that can be addressed through Supported Decision Making, a legal option in Washington State. Washington law (Chapter 11.130 in the Revised Code of Washington) includes Supported Decision Making (SDM) as an option under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. The format for an SDM agreement is up to the individual and their supporters. A sample form is available for download from WashingtonLawHelp.org.

The state has developed curricula and teaching tools that address the many facets of human relationships, from developing social skills and friendships to assuming responsibility for one’s own body, including sexuality. Find these resources on OSPI’s website page called Sexual Health Education.

The Center for Parent Information and Resources provides a library of resources, including several related to the role of parents: Sexuality Education for Students with Disabilities.

Student Rights, IEP, Section 504 and More

Getting the right help for students with disabilities is made easier when families learn key vocabulary and understand how to use it. PAVE provides videos to support learning about student rights and how to work with the school to get individualized support.

Video number 1: Pyramid of Rights Protections for Students With Disabilities

The first video provides a visual to help—a pyramid of student rights. Learn about special education rights, civil rights, and general education rights. Students with Individualized Education Programs (IEPs) are protected by the full pyramid of rights. Students with IEPs and Section 504 Plans have civil rights that protect their right to be accommodated and supported at school. All children in the United States have the right to access a free public education. Learn key terms from these rights: FAPE, equity, and access, and how to use those words to help a student get their needs met.

Here are resource links referenced in the video:

The video mentions that a civil rights complaint can be filed at the local, state, or federal level and may include elements of more than one civil rights protected area, such as disability discrimination, racism, and/or sexual discrimination. Here are resources with more information about civil rights complaint options and how to access forms:

  • Local: OSPI maintains a list of school officials responsible for upholding student civil rights. Families can reach out to those personnel to request a complaint form for filing a civil rights complaint within their district.
  • State: OSPI provides a website page with direct links to step-by-step instructions for filing a civil rights complaint with the state Equity and Civil Rights Office, or the Human Rights Commission.
  • Federal: The U.S. Department of Education provides guidance about filing a federal complaint. The U.S. Department of Agriculture is another option for dispute resolution related to civil rights.

The video provides information about some special education dispute resolution options. Here are related resources:

The Youth Education Law Collaborative offers some free legal assistance on topics related to educational equity, with a priority for families who demonstrate financial need:

Video number 2: Accommodations and Modifications

Our second video shares more detail about the rights of students under Section 504 of the Rehabilitation Act. Key to protecting those rights is the accommodations, modifications, and supports that enable a student with a disability to access what typically developing students can access without support. Non-discriminatory practices related to bullying, student discipline, and attendance are protected rights. Click on the video to learn more about what the right to equity means.

Here are resource links related to this video:

PAVE article: Section 504: A Plan for Equity, Access and Accommodations

Video number 3: IEP Goal Setting

Our third video provides more detail about the rights of a student with an IEP. A three-step process is provided to help family caregivers make sure a student’s IEP goals are supporting the right help in the right way. Learn about Present Levels of Performance (PLOP), Specially Designed Instruction (SDI), and SMART goals to become a well-trained partner in the IEP team process.

To get help from PAVE’s Parent Training and Information staff, click Get Help to complete an online Help Request Form.

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