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Referendum Measure No. 90Explanatory StatementWritten by the Office of the Attorney GeneralThe Law as it Presently ExistsSchool districts may choose to provide, or not toprovide, sexual health education. Parents or legalguardians may have their children excused from anyplanned instruction in sexual health education.If the school district offers sexual health education, itmust be medically and scientifically accurate. It mustalso be age-appropriate and appropriate for students ofany gender, race, disability status, or sexual orientation.It must include information about abstinence andother methods of preventing pregnancy and sexuallytransmitted diseases. It cannot consist only ofinformation about abstinence.A school may choose to provide comprehensive sexualhealth education using separate outside speakersor a prepared curriculum. Sexual health educationmust be consistent with guidelines developedby the state Department of Health and the Officeof the Superintendent of Public Instruction. TheSuperintendent of Public Instruction and the stateDepartment of Health must make these guidelinesavailable on their web sites.The Superintendent of Public Instruction, consultingwith the state Department of Health, develops a list ofsexual health education curricula that are consistentwith state guidelines. State law encourages schooldistricts that choose to offer sexual health education toreview their program and choose a curriculum from thestate list. School districts may choose or develop anyother curriculum that complies with state law.Any parent or legal guardian may review the curriculumoffered in their school district.The Effect of the Proposed Measure if ApprovedThe Legislature recently passed a bill that wouldchange the law about sexual health education. Ifthe voters approve Referendum 90, then the lawwould change as described below. If the votersreject Referendum 90, then the law will remain assummarized above.Referendum 90 would require public schools toprovide comprehensive age-appropriate sexual healtheducation. Parents and legal guardians would continueto have the choice to exclude their students fromsexual health education.Comprehensive sexual health education would mean9age-appropriate instruction in human developmentand reproduction. Districts would use curriculum,instruction, and materials that are medically andscientifically accurate. The instruction must uselanguage and strategies that avoid discriminationagainst any student. Comprehensive sexual healtheducation must include information about affirmativeconsent and bystander training. This means teachingabout a conscious and voluntary agreement to engagein sexual activity as a requirement before sexualactivity.The curriculum, instruction, and materials wouldvary by grade level. For students in kindergartenthrough grade three, it must be instruction in socialemotional learning that is consistent with standardsand benchmarks established by the Office of theSuperintendent of Public Instruction. For students ingrades four through twelve, it must include informationabout six topics. These are: The physiological, psychological, and sociologicaldevelopmental processes experienced by anindividual; The development of intrapersonal and interpersonalskills to communicate, respectfully and effectively,to reduce health risks, and choose healthybehaviors and relationships that are based onmutual respect and affection, and are free fromviolence, coercion, and intimidation; Health care and prevention resources; The development of meaningful relationships andavoidance of exploitative relationships; Understanding the influences of family, peers,community, and the media throughout life onhealthy sexual relationships; and Affirmative consent and recognizing andresponding safely and effectively when violence,or a risk of violence, is or may be present withstrategies that include bystander training.The law would phase in over time. Public schoolsmust provide comprehensive sexual health educationin grades six through twelve beginning in the 2021-22school year. They must begin doing so in all grades inthe 2022-23 school year. Public school districts mustprovide comprehensive sexual health education at leastonce to students in kindergarten through grade three,once to students in grades four through five, twiceto students in grades six through eight, and twice tostudents in grades nine through twelve.The Office of the Superintendent of Public Instructionmust keep training materials up to date. Public schooldistricts may either choose a curriculum from the list

10Referendum Measure No. 90developed at the state level or choose other curriculum.A district choosing a curriculum that is not on the statelist must make sure that it complies with state law andconsult with the Office of the Superintendent of PublicInstruction. The Office of the Superintendent of PublicInstruction must provide technical assistance to publicschools.to consult with OSPI on the development of a list ofcomprehensive sexual health education curricula thatare consistent with the 2005 guidelines for sexualhealth information and disease prevention and theWashington state health and physical education K–12learning standards.At the beginning of the 2021-22 school year, publicschools must let parents and legal guardians knowthat they will provide comprehensive sexual healtheducation. The district must provide access to all suchcourse materials that it will use during the school year. If approved, the effective date of the referendum isDecember 3, 2020. The fiscal estimates use the state’s fiscal year of July1 through June 30. Fiscal year 2021 is July 1, 2020 toJune 30, 2021.Public school districts must report to the Office of theSuperintendent of Public Instruction the curricula usedto provide comprehensive sexual health education.The report must describe how it aligns with state lawrequirements. The Office of the Superintendent ofPublic Instruction must summarize this information andreport it to the Legislature.Fiscal Impact StatementWritten by the Office of Financial ManagementFor more information visit www.ofm.wa.gov/ballotFISCAL IMPACT SUMMARYEngrossed Substitute Senate Bill 5395 was enactedin the 2020 legislative session, but has not gone intoeffect because the voters submitted petitions to referthe measure to the November 2020 general electionballot. If the voters approve the referendum, ESSB5395 would go into effect. There would be no fiscalimpact to state government in the 2019–21 bienniumand ongoing. There would be a fiscal impact tolocal government (school districts), but the impactis indeterminate. There are no known state or localrevenue impacts that would result from the passage ofthis measure.SUMMARYReferendum 90 places Engrossed Substitute SenateBill 5395 (ESSB 5395) onto the 2020 general electionballot for approval or rejection by the voters.Beginning September 1, 2021, ESSB 5395 would requireevery public school district to offer comprehensivesexual health education from a list of curricula providedon the Office of Superintendent of Public Instruction’s(OSPI) website, or choose their own curricula using atool provided by OSPI. Additionally, OSPI would berequired to report to the Legislature data collected fromschool districts about the curricula they used to providecomprehensive sexual health education. Section 1(5)(a)of ESSB 5395 requires the Department of Health (DOH)GENERAL ASSUMPTIONSREVENUEThe referendum has no known state or local revenueimpact.EXPENDITURESA vote to approve the referendum would result in nocosts for state government, specifically OSPI and DOH.School districts may incur costs, but those costs areindeterminate and are dependent upon local decisionsregarding the adoption process and training for anynew curriculum adopted.State expendituresCurricula. OSPI currently offers a list of curricula as partof its open education resources. There is no additionalcost associated with maintaining sexual healtheducation curricula.Review Tools. OSPI currently offers a review tool fordistricts to use when selecting comprehensive sexualhealth education. The tool would require very littlemodification to be used as directed in the bill. Thereis no additional fiscal impact related to staff time toaccomplish this work.Data Collection. OSPI currently collects district-leveldata related to comprehensive sexual health education.No expenditure impact is anticipated as a result of thisadditional data collection requirement.Reporting: OSPI is currently required to report onsexual health education to the Legislature. The timeinvolved in reporting the results of the data reportingis already believed to be captured; therefore, noexpenditure impact is expected.School district expendituresCurricula. School districts may use free sexual healtheducation curricula that is available. Any curriculacosts for districts not currently offering comprehensivesexual health education, or not using curriculathat meets the standard in ESSB 5395, would bediscretionary. Should districts choose curricula at

Referendum Measure No. 90a cost, two federally-funded grant programs areavailable to provide financial assistance to districtsfor implementation. DOH administers the PersonalResponsibility Education Program (PREP), and PlannedParenthood of the Great Northwest and HawaiianIslands administers the Teen Pregnancy PreventionProgram (TPPP). Both are funded by the U.S.Department of Health and Human Services Office ofAdolescent Health.Professional Development: ESSB 5395 does not requirethat districts send their teachers to training or provideany other professional development opportunities incomprehensive sexual health education. Any costsincurred by districts for professional developmentwould be discretionary. To manage discretionary costs,districts could choose to send teachers to professionaldevelopment opportunities offered by OSPI at no cost.11Districts could incur costs for travel and substituteteacher reimbursement.Adoption of Curricula. Adoption costs are dependentupon local school district practices. It is assumedthat districts changing their curricula will use currentadoption processes and available financial resources,therefore, no additional costs will be incurred.However, districts may be impacted by changingtheir curriculum adoption schedule, substituting theadoption of sexual health education curricula in theplace of currently planned curriculum updates. If theychoose to add sexual health education curricula totheir adoption process, this could result in additionalcosts for curriculum review, meetings, and publiccomment. There is no way to estimate statewidecosts of the adoption processes; therefore, there is anindeterminate fiscal impact on districts.New! Student Engagement HubsCollege students are on the move. Public universities now offer StudentEngagement Hubs to ensure that students never miss an election just becausethey’re away from home.For dates, hours, and locations, contact student leadership at:CWU EllensburgEWU CheneyTESC OlympiaUW BothellUW SeattleUW TacomaWSU PullmanWSU Tri-CitiesWSU VancouverWWU Bellingham

12Referendum Measure No. 90Argument forArgument againstApprove Referendum 90 for Safe and Healthy KidsYoung people in every community deserve age-appropriateinformation and resources to make good decisions about sexand relationships, to enable them to protect their health, keepthemselves safe, and build their futures. Right now, too manystudents are not receiving high-quality, medically-accuratesexual health education, putting them at immediate risk ofharm.Reject Referendum 90. Overturn the K-12 comprehensivesex education mandate.The legislature passed a bill mandating a new comprehensivesexual education (CSE) curriculum for all studentsK-12. Huge numbers of students are failing math, science,and English. Olympia should prioritize improving literacy andhelping students graduate, not creating a new mandate.Approving Referendum 90 will uphold a new Washington lawrequiring all public schools to teach age-appropriate, inclusive,comprehensive sex education. This starts with social andemotional learning for younger students and includes teachingolder students about ways to prevent pregnancy and practiceaffirmative consent.It will keep kids healthyStudies show young people who receive quality sex educationare less likely to partake in risky sexual behavior, experienceunintended pregnancy, or get a sexually transmitted infection.Sex education also serves as prevention for sexual abuseand rapeYoung people need information and resources abouthealthy relationships to understand how to respect personalboundaries, ask for consent, and learn how to say and receivea “no.” Kids experiencing abuse urgently need to know howto get help. Children who are being sexually abused oftendon’t understand what is happening until someone providesthem with the tools to communicate with a trusted adult.This year, parents, educators, and medical professionals fromacross Washington worked together to pass a comprehensivesex education law. Let’s protect that law, and young people’sfutures, by approving Referendum 90.Rebuttal of argument againstParents, teachers, and pediatricians know that in stateswith quality sex education, teens are talking about consent,waiting longer to have sex, avoiding getting pregnant, andkeeping themselves safe. R90 gives parents the ability to optchildren out if they’re uncomfortable with content, and everydistrict must collaborate with communities on curriculumselection. R90 requires age appropriate education,meaning social and emotional learning for self-control andinterpersonal skills in grades K-3. Approve R90.Written byNikki Otero Lockwood, parent, school board member, Spokane; Kevin S. Wang, M.D., medical director of Swedish’sLGBTQI Initiative, Seattle; Leah Griffin, teacher librarian,Sexual Violence Law Center board, Seattle; Jen Cole, parent,Partnerships for Action Voices for Empowerment, Everett;Peter Asante, M.D., WA Chapter, American Academy ofPediatrics, Yakima; Nichole Johnson, parent, middle schoolteacher, VancouverContact: info@approve90wa.org; www.approve90wa.orgReject Referendum 90. Restore local control for parentsand local school boards.The new CSE bill means unelected, unaccountablebureaucrats, not local communities, will develop statewidesex education standards for all students. It requiresschool districts to adopt a sex education curriculum thatmeets those standards. Parents and their local electedrepresentatives will have little input in determining how theywant their kids to be taught.Reject Referendum 90. Stop the early sexualization of ourkids.Kindergarteners need to learn social skills and elementarystudents should focus on fundamental learning. Materialsthat currently meet state standards include graphic sexualsubject matter. These are decisions that should be left toparents and local communities.Reject Referendum 90. A costly mandate at a time whenschool budgets are being cut.State and local budgets are facing massive deficits whichthreaten funding for basic programs. Schools cannot affordto add an expensive new requirement or design their own sexeducation curriculum that meets state standards.Trust parents and local communities to develop schoolcurriculum collaboratively. Protect Local Control. RejectReferendum 90.Rebuttal of argument forReferendum 90 is a blatant power grab by Olympiabureaucrats to take away parental control and imposea comprehensive sexual education curriculum startingin kindergarten. Parents and local schools are alreadydoing an excellent job at this now. HHS.gov reports thatfor the last 25 years of available data, Washington’steenage birthrate dropped 69%. Erin’s Law, which passedin 2018, addresses sexual abuse, prevention and onlinesafety. Vote reject to retain parental and local control.Written byMindie Wirth, mom, former Advocacy Chair, NorthshoreCouncil PTSA; Suzanne Burke, retired President, FremontDock Company, great grandmother, Rotarian; Jude Verzosa,MD, FACP, Chief Medical Officer, Rainier Health Network;Brian Donovan, MA, Certified 4th Grade Washington PublicSchool Teacher; Dawn McCravey, mom, retired teacher, twoterm NSD Board Director; Mark Clements, retired Principal,River Home Link, Battle Ground DistrictContact: (253) arentsforsafeschools.com

What are advisory votes?Advisory votes are the result of Initiative 960,approved by voters in 2007. The Office of theSecretary of State publishes the Attorney General’sadvisory vote description according to RCW 29A.72.283.You are advising the Legislatureif you do or do not favor a taxincrease passed during therecent legislative session.Repeal — means you don’tfavor the tax increase.Maintain — means you favorthe tax increase.Advisory votes are non-binding.The results will not change the law.Want more info?Contact your legislator. Their contactinformation is on the following pages.View the complete text of each bill at sos.wa.gov/electionsand view additional cost information at ofm.wa.gov/ballot13

14Advisory VotesAdvisory Vote No.32Engrossed SubstituteSenate Bill 5323Ten-Year ProjectionProvided by the Office of Financial ManagementFor more information visit www.ofm.wa.gov/ballotEngrossed Substitute Senate Bill 5323 (ESSB 5323)FiscalYearDept. ofRevenueDept. ofEcologyEnvironmental& Land UseHearing OfficeDept. ofNaturalResourcesTotal2020 0000 2021 3,800,000000 3,800,0002022 3,700,000000 3,700,000The legislature imposed, without a voteof the people, a retail sales tax on passthrough charges retail establishmentscollect for specified carryout bags,costing 32,000,000 in its first tenyears, for government spending.2023 3,700,000000 3,700,0002024 3,600,000000 3,600,0002025 3,600,000000 3,600,0002026 3,600,000000 3,600,0002027 3,500,000000 3,500,0002028 3,500,000000 3,500,000This tax increase should be:2029 3,400,000000 3,400,000[ ] RepealedTotal: 32,400,000000 32,400,000[ ] Maintained0Final Votes Cast by the LegislatureSenate: Yeas, 33; Nays, 15; Absent, 0; Excused, 1House: Yeas, 67; Nays, 29; Absent, 0; Excused, 2Advisory Vote No.33Ten-Year ProjectionProvided by the Office of Financial ManagementFor more information visit www.ofm.wa.gov/ballotSubstitute Senate Bill 5628 (SSB 5628)FiscalYearDept. ofRevenue2020 02021 02022 4,800,0002023 12,000,0002024 12,600,0002025 13,300,0002026 13,900,0002027 14,600,0002028 15,400,000[ ] Repealed2029 16,100,000[ ] MaintainedTotal: 102,700,000Substitute Senate Bill 5628The legislature imposed, without avote of the people, a tax on heavyequipment rentals to consumers byheavy equipment rental propertydealers, costing 103,000,000 in its firstten years, for government spending.This tax increase should be:Final Votes Cast by the LegislatureSenate: Yeas, 48; Nays, 0; Absent, 0; Excused, 1House: Yeas, 53; Nays, 44; Absent, 0; Excused, 1

Advisory VotesAdvisory Vote No.34Engrossed SubstituteSenate Bill 6492The legislature increased, withouta vote of the people, the businessand occupation tax rate for certainbusinesses, while reducing certainsurcharges

T ocat allo ro ox isi VoteWA.gov o or nformatio bou OVID-19 isi coronavirus.wa.gov. Sincerely, What is #TrustedInfo2020? #TrustedInfo202 im ighligh tat n oca lectio f cial th redible eri e ource