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.

Bullying at School: Key Points for Families and Students with Disabilities

Transcript of this video is below:

When students with disabilities are bullied, schools are legally responsible to end the bullying.

By law, schools must act to restore the safety and well-being of students who are harmed by harassment, intimidation, and bullying.

Those words—harassment, intimidation, and bullying, make an acronym: HIB. This video is about HIB protections for students with disabilities.

Please note that bullying increases the risks for suicide and self-harming behaviors.

For a mental health crisis, call 988

For crisis help on topics related to sexual orientation and identity, call The Trevor Project: 866-488-7386

What law says the school has to end the bullying and help my student?

Specific anti-bullying protections for students with disabilities come from Section 504, which is part of a federal law, the Rehabilitation Act of 1973.

The civil right to be protected from bullying applies to all students with disabilities, regardless of whether they have a Section 504 Plan or an Individualized Education Program (IEP). These rights are upheld by the Office for Civil Rights—OCR.

Anyone who knows about an incident of harassment, intimidation, and bullying at school or during a school-sponsored activity can file an OCR complaint at the local, state, or federal level.

What does state law require?

Washington State’s 2019 Legislature passed a law that requires school districts to write formal HIB policies and appoint a person called a HIB Compliance Officer to spread awareness and uphold the laws.

What can parents do?

If your child is bullied at school, ask for the name of your district’s HIB Compliance Officer. Talk to that person about your options and request a HIB complaint form.

If the act included a physical assault or serious property damage, file a police report.

Request an emergency meeting of the IEP or Section 504 team to add supports for the student to ensure emotional and physical safety at school.

What counts as harassment, intimidation, or bullying?

Washington State defines a HIB violation as an intentional act that:

  • Physically harms a student or damages the student’s property
  • Has the effect of substantially disrupting a student’s education
  • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment
  • Or has the effect of substantially disrupting the orderly operation of school

A HIB act may be electronic, written, verbal, or physical.

What does a school have to do when a child with a disability is bullied?

The Office for Civil Rights (OCR) requires schools to take immediate and appropriate action to investigate what happened. That means they talk to everyone involved and any witnesses and write a detailed report.

OCR requires the school to stop the bullying now and into the future.

OCR also says that schools must make sure the student who was bullied is helped and not further injured by actions taken in response. The victim should not be suspended, for example.

OCR says: “Any remedy should not burden the student who has been bullied.”

To learn more about federal laws and complaints, contact OCR at 800-421-3481.

Type the word Bullying or Discipline into the search bar at wapave.org to find additional resources.