Disability and Sexual Health Education

Washington’s Comprehensive Sexual Health Education helps all students learn about their bodies, relationships, and sexual health through age-appropriate, inclusive curriculum.

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 to learn 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.

Introduction

Parents or guardians are their child’s first and primary teachers about sexual health education. What parents and caregivers believe, say, and do can shape how children learn about their bodies and relationships. This article shares resources to help families and youth support healthy sexuality and understand what schools are required to teach.

Why should students learn about sexual health in school?

Everyone has the right to autonomy over their own body and needs the knowledge and tools to make informed, safe choices for themselves. Restricting knowledge or making choices for other people can lead to situations where that lack of knowledge increases their vulnerability. That vulnerability, especially for a young adult with a disability, can lead to unsafe choices both personally and through others’ predatory behavior. What are my rights? What is important to know about my own health and safety? How do I understand my own and others’ behaviors and feelings? Answers to these questions are important tools for growing young adults, regardless of their circumstances or diagnosed cognitive abilities.

Washington’s Sexual Health Education Laws

Washington state law requires schools to provide education about the life-threatening dangers of HIV/AIDS, how it spreads, and how to prevent it. Students must begin learning HIV/AIDS prevention education by grade 5 and review it annually, in accordance with the AIDS Omnibus Act (RCW 28A.230.070). Office of the Superintendent of Public Instruction (OSPI) offers guidance, teaching materials, and support to help schools teach HIV/AIDS prevention and sexual health education in ways that are accurate, age-appropriate, and inclusive of all students.

In 2018, Washington legislature passed Erin’s Law (HB 1539), which aims to prevent child sexual abuse. The law names OSPI as the lead agency responsible for reviewing curricula and working with Department of Children, Youth, and Families (DCYF) to create child sexual abuse prevention programs in grades K-12. OSPI provides a Sexual Violence Prevention webpage that includes information about work underway.

Comprehensive Sexual Health Education (CSHE)

Washington schools are required to teach inclusive comprehensive sexual health education (CSHE). Educational materials must follow the Health Education K-12 Learning Standards, which provide a framework for comprehensive instruction, and the provisions of Washington State Law RCW 28A.300.475. Families can review these materials to understand better  what their child is learning.

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, which means students with disabilities must be included in sexual health education.

Instruction for students in grades Kindergarten-3 is defined in the law as Social Emotional Learning (SEL). Lessons for these grades do not include human development or reproduction. OSPI provides a Social Emotional Learning webpage with helpful tools for families, like fact sheets and infographics.

Consent and Decision Making

CSHE teaches about consent and helps students develop the communication and decision-making skills they need to make healthy choices. 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.

Sex Ed for All Month

May is Sex Ed for All Month, 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.

Learn More

OSPI’s Comprehensive Sexual Health Education Implementation webpage offers educational materials and tools that help teach about relationships, including social skills, friendships, and personal responsibility for one’s body.

The Healthy Teen Network provides tips, tools, and information to help youth learn about relationships, understand their bodies, and make healthy choices.

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.

Supported Decision Making is an Option for Adults with Disabilities

A Brief Overview

  • In Washington State, Supported Decision Making (SDM) is a legal option for supporting a person with a disability after their 18th birthday.
  • 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 final section of this article provides information about other options to support and protect a loved one with a disability.
  • Help is available from the Developmental Disabilities Ombuds.

Full Article

When a young person turns 18, most decisions are now up to them. In Washington State, age 18 is the “age of majority,” which means a person 18 or older has the right to make their own decisions about education, work, money matters, voting and more.

Note: In Washington the age of independence for health care decisions is 13, with some behavioral healthcare exceptions related to Family Initiated Treatment (FIT).

When a person 18 or older has a disability, family members may want to stay involved in helping them make decisions. Supported Decision Making (SDM) is the formal name for one legal option.

Washington law (Chapter 11.130 in the Revised Code of Washington) includes Supported Decision Making as an option under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. The law changed in 2020 when the state passed Senate Bill 6287. The changes took effect Jan. 1, 2022.

The law includes Supported Decision Making as an alternative to more restrictive arrangements that put limits on an individual’s rights. The final section of this article includes information about other options, such as guardianship.

What is Supported Decision Making?

Supported Decision Making (SDM) is an agreement to make sure an adult with disabilities has trusted helpers watching out for their well-being. An SDM agreement does not remove the adult individual’s rights but creates a way for the individual and their supporters to make choices together.

For example, a student older than 18 who receives special education services at school might agree to have their parent continue to participate in decisions about their Individualized Education Program (IEP). Parent and student then work together as members of the IEP team.

Supported Decision Making may be combined with a Person Centered Plan to ensure that a person has circles of support as they work toward adult life goals. Like Person Centered Planning, SDM changes with the needs of the individual and their supporters.

What should be included in the agreement?

An agreement for Supported Decision Making is written to meet an individual’s needs and preferences. For example, a person might choose support in one or more of these areas:

  • Medical care
  • Dating or sexual intimacy
  • Living arrangements
  • Employment
  • Education
  • Finances

The agreement includes the names of supporters and their relationship to the person. Supporters might be:

  • Parent
  • Other family member
  • Friend
  • Trusted professional
  • Someone else

The agreement is signed in front of a Notary Public by the adult with disabilities and all selected supporters. Everyone must provide picture identification for an in person signing or follow alternative identity verification methods for an online signing.

How to document their SDM agreement is up to the individual and their supporters. A sample form is available for download from WashingtonLawHelp.org. The sample form offers the following suggested language:

“My supporter is not allowed to make decisions for me. To help me with my decisions, my supporter may:

Help me access, collect, or obtain information that is relevant to a decision, including medical, psychological, financial, educational, or treatment records;

Help me understand my options so I can make an informed decision; and

Help me communicate my decision to appropriate persons.”

The suggested format includes options for the individual to choose whether selected supporters will have access to protected health information under the Health Insurance Portability and Accountability Act (HIPAA) or educational records under the Family Educational Rights and Privacy Act (FERPA).

Is Supported Decision Making free?

There may a small cost to get a document signed in front of a Notary Public.

TIP: If someone on the agreement has a bank account, their bank may provide free Notary services. Public libraries and county courthouses are additional places to ask about free options to have a document notarized.

The SDM agreement does not have to be filed with a court, but it is a legal agreement.

Resources for Supported Decision Making

What if my family wants another choice for support and protection?

Supported Decision Making is one option when a family wants to support and protect a loved one with a disability. Below are options that may involve legal assistance and/or a court process. Washington Courts provides information about various types of courts and how to find them within the state.

Guardianship of an Adult: A court-appointed person makes decisions for the adult with disabilities. Guardianship may be combined with Conservatorship (see below). Guardianship is the most restrictive option and may not be granted unless there is evidence that less restrictive alternatives are unworkable.

Conservatorship of an Adult: A court-appointed person makes property and/or financial decision for the adult with disabilities. Like guardianship, the petition may be denied if less restrictive options are not tried first.

Informed Consent: This is a limited option for supporting medical decisions when a health care provider determines that an individual is unable to properly understand their condition or make fully informed decisions (RCW 7.70.065). Note that an individual with a Supported Decision Making (SDM) agreement may be able to demonstrate they can make their own decisions about healthcare with the help of their supporter.

Power of Attorney: An individual can sign a legal document to give someone else power to make decisions in their behalf under limited or general circumstances. A Mental Health Advance Directive, to be invoked if someone with a mental illness loses capacity, is an example of a limited Power of Attorney document that an individual might choose to sign. Washington Law Help provides a Q and A on Powers of Attorney.

Special Needs Trust: An account can protect funds for individuals receiving Supplemental Security Income (SSI) and/or Medicaid. A Trustee is appointed to manage the funds, which commonly are used to pay for things that SSI or Medicaid benefits do not cover. Trustees are legally responsible if they do not use the Trust for the benefit of the individual. Washington Law Help provides information on Special Needs Trusts.

Representative Payee: The Social Security Administration (SSA) may determine that an individual receiving benefits needs a payee to manage their income. If an individual disagrees with the administration’s decision to appoint a payee, they must present evidence of their ability to manage their money. Disability Rights Washington (DRW) provides information about how to change, remove or report a representative payee.

Protective Arrangement: A court-appointment person makes decisions for the person with disabilities related to specific and limited conditions, such as specific medical decisions or contact with a specific individual who might cause harm. The Vulnerable Adult Protection Act provides protection to adults in Washington State who meet one or more of these criteria:

  • 60 or older and functionally, mentally, or physically unable to care for themselves
  • Have a court-appointed guardian
  • Have a developmental disability
  • Live in a nursing, adult family, or boarding home or other facility
  • Served by home health, hospice, or home care agencies
  • Receive services from an individual care provider or personal aide

NOTE: Anyone who suspects physical harm, someone being held against their will, sexual abuse, neglect, financial exploitation, or abandonment can call Adult Protective Services: 1-877-734-6377 or Report Online.

Additional Resources

Legal Disclaimer: It is the policy of PAVE to provide support, information, and training for families, professionals, and interested others on a number of topics. In no way do these activities constitute providing legal advice. PAVE is not a legal firm or a legal services agency and cannot provide legal advice. The information within this article is not intended as legal advice and should not be used as a substitution for legal advice.