An Act Regarding Secondary School Education Concerning Sexual Activity and Sexual Assault
Maine Legislature, Session 129, LD 0773
Committee: Education and Cultural Affairs
Sponsors: DAUGHTRY, ACKLEY, CROCKETT, FAY, FECTEAU, GRAMLICH, HANDY, HUBBELL, TALBOT ROSS
Amends: 20-A MRSA §4723, 20-A MRSA §6209

Legislative Document
No. 773
H.P. 578
House of Representatives, February 12, 2019
An Act Regarding Secondary School Education Concerning Sexual 
Activity and Sexual Assault
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DAUGHTRY of Brunswick.
Cosponsored by Representative ACKLEY of Monmouth and
Representatives: CROCKETT of Portland, FAY of Raymond, FECTEAU of Biddeford, 
GRAMLICH of Old Orchard Beach, HANDY of Lewiston, HUBBELL of Bar Harbor, 
McCREIGHT of Harpswell, TALBOT ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
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:
4.  Review cycle.  The commissioner shall conduct a review of the content standards 
and performance indicators by content area on a 5-year cycle beginning in the 2015-2016 
school year.  The review of the content standards and performance indicators for the 
content area of social studies, including student achievement of proficiency in personal 
finance, must be included in the commissioner's review during the 2015-2016 school 
year.  Any changes that are recommended must be approved through the same process 
used for establishment of the system of learning results.  Beginning in the 2016-2017 
school year, the commissioner shall review and make recommendations for objective 
measures that may be used to substantiate school certifications of postsecondary 
readiness.  The review of 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, must be included in the commissioner's 
review beginning in the 2019-2020 school year.
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.