An Act Regarding Secondary School Education Concerning Sexual Activity and Sexual Assault

Sec. 1. 20-A MRSA §4723,  as enacted by PL 1983, c. 859, Pt. C. §§5 and 7, is amended to read:

§ 4723. Health and physical education

The secondary course of study shall must include instruction in health, safety and physical education, as prescribed by the commissioner, and physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. The secondary course of study must also include instruction on affirmative consent, communication and decision making regarding sexual activity and the effects of alcoholic drinks, stimulants and narcotics on the ability to give affirmative consent, communicate and make appropriate decisions. For purposes of this section, "affirmative consent" means consent to sexual activity that can be revoked at any time and does not include silence, lack of resistance or consent given while intoxicated.

Sec. 2. 20-A MRSA §6209, sub-§4,  as amended by PL 2015, c. 489, §6, is further amended to read:

SUMMARY

This bill requires the Commissioner of Education to review the content standards and performance indicators for the content area of health, physical education and wellness, including instruction on affirmative consent, communication and decision making regarding sexual activity and the effects of alcoholic drinks, stimulants and narcotics on the ability to give affirmative consent, communicate and make appropriate decisions, beginning in the 2019-2020 school year as part of the commissioner's 5-year review cycle of the content standards and performance indicators required under the system of learning results.