Washington Referendum 90, Sex Education in Public Schools Measure (2020)

Washington Referendum 90
Election date November 3, 2020
Topic Education
Status a Approved
Type Referendum	Origin Citizens
List of Washington measuresWashington Referendum 90Washington Senate Joint Resolution 8212Washington Advisory Vote 32Washington Advisory Vote 33Washington Advisory Vote 34Washington Advisory Vote 35Submit

Washington Referendum 90, the Sex Education in Public Schools Measure, was on the ballot in Washington as a veto referendum on November 3, 2020. It was approved and Senate Bill 5395 was maintained.

A vote to approve Referendum 90 supported allowing Senate Bill 5395 to take effect, thereby requiring public schools to provide comprehensive sexual health education for all students and requiring students to be excused if requested by their parents.

A vote to reject Referendum 90 opposed allowing Senate Bill 5395 to take effect, thereby not requiring that public schools provide comprehensive sexual health education to all students.

Election results

Washington Referendum 90
Result		Votes	Percentage
Yes		2,283,630	57.82%
No		1,665,906	42.18%

Results are officially certified.

Source

Reactions

The following is a list of reactions to the approval of Referendum 90:

• Courtney Normand, Washington state director of Planned Parenthood Votes Northwest and Hawaii, said, "It tells us that the majority of Washingtonians are showing really resounding support for comprehensive sex education and that is really, really good news for Washington’s young people."

• Informed Parents of Washington, who advocated for a no vote on the referendum, said, "We may have lost this battle, but there is still a war raging and our children and parental rights are at stake. Informed Parents isn’t going anywhere. We’re still in the fight- it’s too important. A new session will be starting shortly, and we will be there, hopefully joined by you all, as we battle bureaucrats for the sake of our children, because they need us to be their voice. We have several plans in the works...stay tuned!!"

Overview

What did the referendum do?

The Washington State Legislature passed and the governor signed Senate Bill 5395 (SB 5395) in March 2020. Opponents of the bill collected signatures to place SB 5395 on the ballot as Referendum 90 advocated for a reject vote on the referendum. A vote to reject this referendum was a vote to repeal Senate Bill 5395, which was designed to require comprehensive sexual health education in public schools. A vote to approve the referendum was a vote to allow SB 5395 to go into effect. The bill was on hold pending the result of the election.

What did Senate Bill 5395 do?

See also: Measure design

Senate Bill 5395 was designed to require public schools to provide comprehensive sexual health education to students in grades 6-12 beginning in the 2021-22 school year and for all public school students, including those in grades K-5, beginning in the 2022-23 school year. Under the bill, the curriculum has to include instruction and information regarding affirmative consent and bystander training. Instruction needs to be provided at least once to students in grades K-3, once to students in grades 4-5, twice to students in grades 6-8, and twice to students in grades 9-12. The text of the measure stated that sexual health education under the measure is not required to be integrated into unrelated subjects or courses. For students in grades K-3, the material was designed to be instruction in social and emotional learning (SEL). Social and emotional learning is defined by the Washington Office of Superintendent of Public Instruction (OSPI) as "a process through which individuals build awareness and skills in managing emotions, setting goals, establishing relationships, and making responsible decisions that support success in school and in life."

Schools are required under the bill to notify parents that they are providing comprehensive sexual health education and make all course materials accessible to the parents. Parents can file a written request with the school district or the school's principal to excuse their child from sexual health education instruction, which must be granted if requested.

What sexual health education was required in Washington public schools going into the election?

See also: Currently required sexual health education in Washington

Going into the election, instruction about HIV and AIDS prevention was required to be taught by public schools beginning in 5th grade and occurring annually through 12th grade. This requirement was adopted in 1988 under the Washington AIDS Omnibus Act. Local school boards can choose to provide additional sexual health education, which must be medically and scientifically accurate according to the Healthy Youth Act of 2007. In 2013, the state legislature required public schools that were offering sexual health education to include information about sex offense laws, including "age-appropriate information about the legal elements of sexual [sex] offenses where a minor is a victim and the consequences upon conviction."

Measure design

Senate Bill 5395 was designed to require public schools to provide comprehensive sexual health education to students in grades 6-12 beginning in the 2021-22 school year and for all public school students beginning in the 2022-23 school year. Click on the blue links below to expand the sections.

Comprehensive sexual health education (CSHE): CSHE standards, guidelines, and curriculums

Comprehensive sexual health education

Under SB 5395, comprehensive sexual health education means "recurring instruction in human development and reproduction that is age-appropriate and inclusive of all students." Course materials needs to be medically and scientifically accurate, meaning the information has been verified or supported by scientific research, has been published in peer-reviewed journals, and is recognized as accurate by organizations such as the Washington State Department of Health, the Centers for Disease Control and Prevention, and the American College of Obstetricians and Gynecologists.

CSHE standards and guidelines

Sexual health education needs to be consistent with the Washington state health and physical education K-12 learning standards and the January 2005 guidelines for sexual health information and disease prevention.

Curriculums developed by OSPI

Under SB 5395, the Washington Office of Superintendent of Public Instruction (OSPI) and the Washington Department of Health would develop a list of comprehensive sexual health education curricula that meets state standards. The list needs to be updated at least once per year and made be available on the OSPI and health department's websites. If a public school or school district chooses a curriculum that is not on the list developed by OSPI, the school or district needs consult with OSPI to ensure that the school's alternative chosen curriculum meets state standards using the OSPI's comprehensive sexual health education curriculum analysis tool.

Required education for grades K-3: Social-emotional learning

The material taught to students in grades K-3 needs to be instruction in social-emotional learning (SEL). Social-emotional learning is defined by the Washington Superintendent of Public Instruction as "a process through which individuals build awareness and skills in managing emotions, setting goals, establishing relationships, and making responsible decisions that support success in school and in life." The Washington Office of Superintendent of Public Instruction (OSPI) stated that material for students in grades K-3 would not include sexual content. Instruction needs to be provided at least once to students in grades K-3. Among other things, instruction in social and emotional learning seeks to improve self-awareness and social-awareness, recognizing emotions in the self and in others, and resolving conflicts constructively. Specific examples of SEL activities specified by the OSPI are available here.

Required education for grades 4-12: Sexual health education material for students in grades 4-12

Comprehensive sexual health education for students in grades 4-12 needs to include information about the following:

“

The physiological, psychological, and sociological developmental processes experienced by an individual; The development of intrapersonal and interpersonal skills to communicate, respectfully and effectively, to reduce health risks, and choose healthy behaviors and relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation; Health care and prevention resources; The development of meaningful relationships and avoidance of exploitative relationships; Understanding the influences of family, peers, community, and the media throughout life on healthy sexual relationships; and Affirmative consent and recognizing and responding safely and effectively when violence, or a risk of violence, is or may be present with strategies that include bystander training.

”

Under Senate Bill 5395, affirmative consent is defined as "a conscious and voluntary agreement to engage in sexual activity as a requirement before sexual activity."

Sexual health education needs to be provided at least once to students in grades 4-5, twice to students in grades 6-8, and twice to students in grades 9-12.

Text of measure

Ballot title

The ballot summary was as follows:

“

The legislature passed Engrossed Substitute Senate Bill 5395 concerning comprehensive sexual health education. This bill would require school districts to adopt or develop, consistent with state standards, comprehensive age-appropriate sexual health education, as defined, for all students, and excuse students if their parents request. Should this bill be: [ ] Approved [ ] Rejected

”

Explanatory statement

The explanatory statement for this measure provided in the 2020 voters' guide, written by the Office of the Attorney General, was as follows:

“ The Law as it Presently Exists School districts may choose to provide, or not to provide, sexual health education. Parents or legal guardians may have their children excused from any planned instruction in sexual health education. If the school district offers sexual health education, it must be medically and scientifically accurate. It must also be age-appropriate and appropriate for students of any gender, race, disability status, or sexual orientation. It must include information about abstinence and other methods of preventing pregnancy and sexually transmitted diseases. It cannot consist only of information about abstinence. A school may choose to provide comprehensive sexual health education using separate outside speakers or a prepared curriculum. Sexual health education must be consistent with guidelines developed by the state Department of Health and the Office of the Superintendent of Public Instruction. The Superintendent of Public Instruction and the state Department of Health must make these guidelines available on their web sites. The Superintendent of Public Instruction, consulting with the state Department of Health, develops a list of sexual health education curricula that are consistent with state guidelines. State law encourages school districts that choose to offer sexual health education to review their program and choose a curriculum from the state list. School districts may choose or develop any other curriculum that complies with state law. Any parent or legal guardian may review the curriculum offered in their school district. The Effect of the Proposed Measure if Approved The Legislature recently passed a bill that would change the law about sexual health education. If the voters approve Referendum 90, then the law would change as described below. If the voters reject Referendum 90, then the law will remain as summarized above. Referendum 90 would require public schools to provide comprehensive age-appropriate sexual health education. Parents and legal guardians would continue to have the choice to exclude their students from sexual health education. Comprehensive sexual health education would mean age-appropriate instruction in human development and reproduction. Districts would use curriculum, instruction, and materials that are medically and scientifically accurate. The instruction must use language and strategies that avoid discrimination against any student. Comprehensive sexual health education must include information about affirmative consent and bystander training. This means teaching about a conscious and voluntary agreement to engage in sexual activity as a requirement before sexual activity. The curriculum, instruction, and materials would vary by grade level. For students in kindergarten through grade three, it must be instruction in socialemotional learning that is consistent with standards and benchmarks established by the Office of the Superintendent of Public Instruction. For students in grades four through twelve, it must include information about six topics. These are: The physiological, psychological, and sociological developmental processes experienced by an individual; The development of intrapersonal and interpersonal skills to communicate, respectfully and effectively, to reduce health risks, and choose healthy behaviors and relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation; Health care and prevention resources; The development of meaningful relationships and avoidance of exploitative relationships; Understanding the influences of family, peers, community, and the media throughout life on healthy sexual relationships; and Affirmative consent and recognizing and responding safely and effectively when violence, or a risk of violence, is or may be present with strategies that include bystander training. The law would phase in over time. Public schools must provide comprehensive sexual health education in grades six through twelve beginning in the 2021-22 school year. They must begin doing so in all grades in the 2022-23 school year. Public school districts must provide comprehensive sexual health education at least once to students in kindergarten through grade three, once to students in grades four through five, twice to students in grades six through eight, and twice to students in grades nine through twelve. The Office of the Superintendent of Public Instruction must keep training materials up to date. Public school districts may either choose a curriculum from the list developed at the state level or choose other curriculum. A district choosing a curriculum that is not on the state list must make sure that it complies with state law and consult with the Office of the Superintendent of Public Instruction. The Office of the Superintendent of Public Instruction must provide technical assistance to public schools. At the beginning of the 2021-22 school year, public schools must let parents and legal guardians know that they will provide comprehensive sexual health education. The district must provide access to all such course materials that it will use during the school year. Public school districts must report to the Office of the Superintendent of Public Instruction the curricula used to provide comprehensive sexual health education. The report must describe how it aligns with state law requirements. The Office of the Superintendent of Public Instruction must summarize this information and report it to the Legislature. ”

Fiscal impact statement

The fiscal impact summary for this measure provided in the 2020 voters' guide, written by the Office of Financial Management, was as follows:

“

Engrossed Substitute Senate Bill 5395 was enacted in the 2020 legislative session, but has not gone into effect because the voters submitted petitions to refer the measure to the November 2020 general election ballot. If the voters approve the referendum, ESSB 5395 would go into effect. There would be no fiscal impact to state government in the 2019–21 biennium and ongoing. There would be a fiscal impact to local government (school districts), but the impact is indeterminate. There are no known state or local revenue impacts that would result from the passage of this measure.

”

The full fiscal impact statement is available here.

Full text

The full text of Senate Bill 5395, which Referendum 90 was designed to repeal, is available here.

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Washington Attorney General wrote the ballot language for this measure. The FKGL for the ballot title is grade level 16, and the FRE is 21. The word count for the ballot title is 44, and the estimated reading time is 11 seconds.

Support to approve

Those who supported approving Referendum Measure 90 supported allowing Senate Bill 5395 to go into effect, thereby requiring comprehensive sexual health education in public schools.

Safe & Healthy Youth Washington Coalition led the campaign in support of approving Referendum 90. The group provided a full list of coalition members, which is available here.

Supporters to approve Referendum 90

Officials

• Washington Governor Jay Inslee (D)
• Washington State Senator Manka Dhingra (D)
• Washington State Senator Bob Hasegawa (D)
• State Senator Marko Liias (D)
• State Representative Liz Lovelett (D)
• State Representative Jamie Pedersen (D)
• State Representative Emily Randall (D)
• Washington State Senator Christine Rolfes (D)
• State Senator Rebecca Saldana (D)
• State Representative Derek Stanford (D)
• State Senator Lisa Wellman (D)
• State Senator Claire Wilson (D)
• Washington State Representative Steve Bergquist (D)
• Washington State Representative Frank Chopp (D)
• State Representative Eileen Cody (D)
• State Representative Joe Fitzgibbon (D)
• Washington State Representative Roger Goodman (D)
• Washington State Representative Laurie Jinkins (D)
• State Representative Shelley Kloba (D)
• Washington State Representative Debra Lekanoff (D)
• State Representative Nicole Macri (D)
• State Representative Timm Ormsby (D)
• State Representative Lillian Ortiz-Self (D)
• Washington State Representative Eric Pettigrew (D)
• State Representative Gerry Pollet (D)
• State Representative Alex Ramel (D)
• Washington State Representative Marcus Riccelli (D)
• State Representative Cindy Ryu (D)
• Washington State Representative Sharon Tomiko Santos (D)
• Washington State Representative Mike Sells (D)
• Washington State Representative Sharon Shewmake (D)
• State Representative Monica Jurado Stonier (D)
• State Representative Gael Tarleton (D)
• Washington State Representative Steve Tharinger (D)
• Washington State Representative Javier Valdez (D)
• Washington State Representative Amy Walen (D)
• State Representative Emily Wicks (D)
• State Representative Sharon Wylie (D)

Organizations

• ACLU of Washington
• Democracy for America
• Disability Rights Washington
• Gender Justice League
• Justice for Girls Coalition of Washington State
• King County Sexual Assault Resource Center
• League of Women Voters
• Legal Voice
• MomsRising
• NARAL Pro-Choice Washington
• Northwest Abortion Access Fund
• Northwest Progressive Institute
• Planned Parenthood Votes Northwest and Hawaii
• Planned Parenthood of Greater Washington and North Idaho
• Planned Parenthood of the Great Northwest and the Hawaiian Islands
• Sexual Violence Law Center
• Washington Education Association
• Washington State Association of School Psychologists
• Washington State Coalition Against Domestic Violence
• Washington Student Association

Arguments

• Washington State Senator and measure sponsor Claire Wilson (D): "Some people hear the words ‘sex education’ and mistake the focus of the curriculum, which is health and safety, and is age-appropriate for each grade level. This is about making sure younger children know what kind of touching is inappropriate, whether by peers or predators. It’s about helping older students recognize and resist abusive or coercive behavior. It’s about teaching all children to respect diversity and not to bully others. Students need a safe place to ask questions, to fully understand consent, and to have the information they need to make safe decisions. There are children who will be targeted for molestation in the coming year, there are young women who may face sexual coercion or assault. They need access to information and lessons that will enable them to make decisions to ensure their health and safety."
• Ben Santos and David Martin of the Special Assault Unit and Domestic Violence Unit at the King County Prosecuting Attorney’s Office: "[Senate Bill 5395] would help stop sexual and domestic violence by requiring public schools to include age-appropriate curriculum that develops healthy relationship behavior in students." Santos and Martin said, "For true culture change to happen around sexual and domestic violence, proactive education and prevention also is needed. Too often, young people don’t know how to ask for and receive consent, or how to engage in healthy relationships. ...It is particularly critical that young people receive reliable, accurate information in a digital age where harmful explicit materials are one click away."
• Courtney Normand, Washington State Director for Planned Parenthood Votes Northwest and Hawai‘i: "We stand together with the overwhelming majority of Washington state parents who support sex education. We will proudly fight to approve R-90 because all young people have the right to the information and skills they need to protect their health, understand healthy relationships—including consent and sexual assault prevention—and to see their identities and experiences reflected in any curriculum with all their complexity and diversity. The deceitful tactics and misinformation spread by the opponents, amid a pandemic where Washington state residents were among some of the hardest hit, is a new low. If there is anything the global pandemic has shown us, it is that access to honest, accurate information and preventive health care means everything, and is key to living healthy lives."
• Planned Parenthood Votes Northwest and Hawaii state director Courtney Normand: "It seems to be a political, partisan turn-out goal rather than really an intention about student safety."

Official arguments

Voter Guide Arguments: "Approve Referendum 90 for Safe and Healthy Kids Young people in every community deserve age-appropriate information and resources to make good decisions about sex and relationships, to enable them to protect their health, keep themselves safe, and build their futures. Right now, too many students are not receiving high-quality, medically-accurate sexual health education, putting them at immediate risk of harm. Approving Referendum 90 will uphold a new Washington law requiring all public schools to teach age-appropriate, inclusive, comprehensive sex education. This starts with social and emotional learning for younger students and includes teaching older students about ways to prevent pregnancy and practice affirmative consent. It will keep kids healthy. Studies show young people who receive quality sex education are less likely to partake in risky sexual behavior, experience unintended pregnancy, or get a sexually transmitted infection. Sex education also serves as prevention for sexual abuse and rape. Young people need information and resources about healthy relationships to understand how to respect personal boundaries, ask for consent, and learn how to say and receive a “no.” Kids experiencing abuse urgently need to know how to get help. Children who are being sexually abused often don’t understand what is happening until someone provides them with the tools to communicate with a trusted adult. This year, parents, educators, and medical professionals from across Washington worked together to pass a comprehensive sex education law. Let’s protect that law, and young people’s futures, by approving Referendum 90. Rebuttal of argument against: Parents, teachers, and pediatricians know that in states with quality sex education, teens are talking about consent, waiting longer to have sex, avoiding getting pregnant, and keeping themselves safe. R90 gives parents the ability to opt children out if they’re uncomfortable with content, and every district must collaborate with communities on curriculum selection. R90 requires age appropriate education, meaning social and emotional learning for self-control and interpersonal skills in grades K-3. Approve R90."

The arguments in support of approving Referendum 90 in the 2020 voter guide were written by Nikki Otero Lockwood (parent, school board member); Kevin S. Wang, M.D., (medical director of Swedish’s LGBTQI+ Initiative); Leah Griffin (teacher librarian, Sexual Violence Law Center board); Jen Cole (parent, Partnerships for Action Voices for Empowerment); Peter Asante, M.D., WA Chapter, American Academy of Pediatrics); Nichole Johnson (parent, middle school teacher).

Support to reject

Those who supported rejecting Referendum Measure 90 sponsored the referendum and opposed allowing Senate Bill 5395 to go into effect. Supporters of a reject vote opposed requiring comprehensive sexual health education in public schools.

Supporters to reject Referendum 90

Parents for Safe Schools filed the referendum and led the campaign to reject the referendum. Parents for Safe Schools provided a list of supporters on their website, which was available here. Supporters include the following:

Political Parties

• Washington State House Republican Caucus
• Washington State Senate Republican Caucus

Government Entities

• Clover Park School District School Board
• Mead School District School Board
• Chehalis School District Board of Directors
• Central Valley School District Board of Directors
• Othello School District Board of Directors

Organizations

• A Voice for Washington Children
• Family Policy Institute of Washington
• Healing the Culture
• Human Life of Washington
• Informed Parents of Washington
• My Family My Choice
• Parents' Rights in Education
• Students for Life
• Washington State Catholic Conference

Arguments

• Washington State Senator Shelly Short (R): "What’s affirmative consent when you’re a kindergartner? We want students to be safe, but this is misguided policy at its very core."
• The Washington State Catholic Conference: "The law requires 'affirmative consent curriculum' defined as 'a conscious and voluntary agreement to engage in sexual activity as a requirement before sexual activity.' This requirement is not in accordance with church teaching that sexual activity be reserved for marriage. Parents can opt their children out of classroom instruction, but they cannot opt them out of school yard discussions and the culture change that may take place at school."
• Parents for Safe Schools: "Reject Referendum 90. Stop the early sexualization of our kids. Materials to meet the new state standards will include graphic sexual subject matter. These are decisions that should be left to parents and local communities. ... [The bill is] a costly mandate at a time when school budgets are being cut. State and local budgets are facing massive deficits which threaten funding for basic programs."

Official arguments

Voter Guide Arguments: "Reject Referendum 90. Overturn the K-12 comprehensive sex education mandate. The legislature passed a bill mandating a new comprehensive sexual education (CSE) curriculum for all students K-12. Huge numbers of students are failing math, science, and English. Olympia should prioritize improving literacy and helping students graduate, not creating a new mandate. Reject Referendum 90. Restore local control for parents and local school boards. The new CSE bill means unelected, unaccountable bureaucrats, not local communities, will develop statewide sex education standards for all students. It requires school districts to adopt a sex education curriculum that meets those standards. Parents and their local elected representatives will have little input in determining how they want their kids to be taught. Reject Referendum 90. Stop the early sexualization of our kids. Kindergarteners need to learn social skills and elementary students should focus on fundamental learning. Materials that currently meet state standards include graphic sexual subject matter. These are decisions that should be left to parents and local communities. Reject Referendum 90. A costly mandate at a time when school budgets are being cut. State and local budgets are facing massive deficits which threaten funding for basic programs. Schools cannot afford to add an expensive new requirement or design their own sex education curriculum that meets state standards. Trust parents and local communities to develop school curriculum collaboratively. Protect Local Control. Reject Referendum 90. Rebuttal of argument for Referendum 90: is a blatant power grab by Olympia bureaucrats to take away parental control and impose a comprehensive sexual education curriculum starting in kindergarten. Parents and local schools are already doing an excellent job at this now. HHS.gov reports that for the last 25 years of available data, Washington’s teenage birthrate dropped 69%. Erin’s Law, which passed in 2018, addresses sexual abuse, prevention and online safety. Vote reject to retain parental and local control."

The arguments in support of rejecting Referendum 90 in the 2020 voter guide were written by Mindie Wirth (mom, former Advocacy Chair, Northshore Council PTSA); Suzanne Burke (retired President, Fremont Dock Company, great grandmother, Rotarian); Jude Verzosa (MD, FACP, Chief Medical Officer, Rainier Health Network; Brian Donovan, MA, Certified 4th Grade Washington Public School Teacher); Dawn McCravey (mom, retired teacher, two term NSD Board Director); Mark Clements (retired Principal, River Home Link, Battle Ground District).

Campaign finance

See also: Campaign finance requirements for Washington ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 31, 2020.

Four committees registered to support approving Referendum 90: Safe & Healthy Youth Washington, Planned Parenthood Votes Washington PAC, Planned Parenthood Advocates Of Greater Washington PAC, and Fuse Voters. Together, the committees reported $1.84 million in contributions and $2.14 million in expenditures. The largest donor was Planned Parenthood Votes NW and Hawaii, which gave $489,554 in cash and in-kind contributions .

Parents for Safe Schools and Informed Parents of Washington registered to support a reject vote on Referendum 90. Together, tcommittees reported $469,524 in contributions and $480,377 in expenditures. The largest donor to the committee was George Rowley, which gave $50,000. Informed Parents of Washington PAC also registered to support a reject vote. The committee reported $7,694 in contributions and $2,386 in expenditures.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$1,567,631.63	$276,078.70	$1,843,710.33	$1,860,361.34	$2,136,440.04
Oppose	$448,365.85	$21,158.30	$469,524.15	$459,219.05	$480,377.35
Total	$2,015,997.48	$297,237.00	$2,313,234.48	$2,319,580.39	$2,616,817.39

Support to approve

The following table includes contribution and expenditure totals for the committee in support of Referendum 90.

Committees in support of Referendum 90
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Safe & Healthy Youth Washington	$1,453,838.86	$273,828.70	$1,727,667.56	$1,727,667.56	$2,001,496.26
Fuse Voters	$83,063.77	$0.00	$83,063.77	$33,494.78	$33,494.78
Planned Parenthood Advocates Of Greater Washington PAC	$26,969.00	$2,250.00	$29,219.00	$22,822.31	$25,072.31
Planned Parenthood Votes Washington PAC	$3,760.00	$0.00	$3,760.00	$76,376.69	$76,376.69
Total	$1,567,631.63	$276,078.70	$1,843,710.33	$1,860,361.34	$2,136,440.04

Donors

The following were the top five donors to the support committee, which had contributed 62% of the funds received by the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Planned Parenthood Votes NW and Hawaii	$350,000.00	$139,554.41	$489,554.41
ACLU Washington	$150,000.00	$97,104.84	$247,104.84
Washington Education Association	$150,000.00	$4,311.68	$154,311.68
SEIU Initiative Fund	$69,000.00	$0.00	$69,000.00
Group Health Foundation	$50,000.00	$0.00	$50,000.00

Support to reject

Committees in opposition to Referendum 90
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Parents for Safe Schools	$440,671.40	$21,158.30	$461,829.70	$456,833.28	$477,991.58
Informed Parents of Washington PAC, 2020	$7,694.45	$0.00	$7,694.45	$2,385.77	$2,385.77
Total	$448,365.85	$21,158.30	$469,524.15	$459,219.05	$480,377.35

Donors

The following were the top five donors to Parents for Safe Schools.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
George Rowley	$50,000.00	$0.00	$50,000.00
The Reagan Fund	$25,000.00	$18,750.00	$43,750.00
Washington State Republican Party	$25,000.00	$384.71	$25,384.71
Jack Connelly of Connelly Law Offices	$25,000.00	$0.00	$25,000.00
Suzanne Burke, president of Fremont Dock Company	$14,500.00	$0.00	$14,500.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: Ballotpedia's approach to covering polls and 2020 ballot measure polls

In an October 2020 poll commissioned by the Northwest Progressive Institute, 610 likely voters were asked how they planned to vote on Referendum 90. Poll results are detailed below.

Washington Referendum 90
Poll	Approve	Reject	Undecided	Margin of error	Sample size
Public Policy Polling/ Northwest Progressive Institute poll 10/14/20 - 10/15/20	56.0%	33.0%	11.0%	+/-4.0	610
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background

Washington Office of Superintendent of Public Instruction

The Washington Superintendent of Public Instruction (OSPI) identifies information that must be taught in public schools. As of 2020, Chris Reykdal (D) was the state superintendent. Reykdal assumed office in 2017. Washington superintendents are elected every four years.

Washington sexual health education

HIV/AIDS instruction Instruction about HIV and AIDS prevention is required to be taught by public schools beginning in 5th grade and occurring annually through 12th grade. This requirement was adopted in 1988 under the Washington AIDS Omnibus Act. Materials are either provided to school districts from OSPI or developed/purchased by the school district if the material has been approved for medical accuracy by the Washington Department of Health's Office on HIV/AIDS. State law requires public school teachers to "stress the importance of ... the minimum requisites for good health including the beneficial effect of physical exercise and methods to prevent exposure to and transmission of sexually transmitted diseases." Additional sexual health education instruction As of 2020, local school boards could choose to provide additional sexual health education. If a local school district board chooses to do so, the materials must comply with requirements in the Healthy Youth Act of 2007. The Healthy Youth Act, passed by the state legislature in 2007, created requirements for sexual health education beginning on September 1, 2008. The act required any sexual health education material to be "medically and scientifically accurate, age-appropriate, appropriate for students regardless of gender, race, disability status, or sexual orientation, and includes information about abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases." Medically and scientifically accurate is defined in state law to mean that the information has been verified or supported by scientific research, has been published in peer-reviewed journals, and is recognized as accurate by organizations such as the Washington State Department of Health, the Centers for Disease Control and Prevention, and the American College of Obstetricians and Gynecologists. Instruction related to sex offenses In 2006, the Washington State Legislature unanimously passed Senate Bill 6580, which required the OSPI to make the following information available to parents and other community members: the laws related to sex offenses, including registration, community notification and the classification of sex offenders based on an assessment of the risk of reoffending; how to recognize behaviors characteristic of sex offenses and sex offenders; how to prevent victimization, particularly that of young children; and how to take advantage of community resources for victims of sexual assault. In 2013, the state legislature amended the law to require public schools that were offering sexual health education to include information about sex offense laws, including "age-appropriate information about the legal elements of sexual [sex] offenses where a minor is a victim and the consequences upon conviction."

Sexual health education in other states

According to the National Conference of State Legislatures, as of March 2020, 29 states and Washington, D.C., required public schools to provide sex education and 39 states and Washington, D.C., required public schools to provide information about HIV. Twenty two states required the material to be medically accurate. Thirty-six states and Washington, D.C., allow parents to opt their children out of sexual education 25 states and Washington, D.C., require parents to be notified that sex or HIV education will be provided, and five states require parental consent for students to receive sex education information.

Standards and guidelines for sexual health education in Washington

Washington state health and physical education K-12 learning standards: Under the Revised Code of Washington (RCW) 28A.655.070, the superintendent of public instruction develops state learning standards, which means identifying material that must be taught in public schools. Washington state health and physical education K-12 learning standards were developed beginning in 2014, adopted in 2016, and took effect beginning in the 2017-2018 school year. The standards were developed by the state superintendent of public instruction, teachers, subject experts, national and state associations, and other stakeholders. The standards underwent a public comment period and bias and sensitivity reviews. The 2016 standards replaced the 2008 Essential Academic Learning Requirements (EALRs). The 2016 K-12 health education learning standards, which mirror the National Health Education Standards (NHES), provide that public school health programs should prepare students to be able to:

• comprehend concepts related to health promotion and disease prevention to enhance health;
• analyze the influence of family, peers, culture, media, technology, and other factors on health behaviors;
• demonstrate the ability to access valid information and products and services to enhance health;
• demonstrate the ability to use interpersonal communication skills to enhance health and avoid or reduce health risks;
• use decision-making skills and goal-setting skills to enhance health;
• demonstrate the ability to practice health-enhancing behaviors and avoid or reduce health risks; and
• advocate for personal, family, and community health.

The standards may be found here.

January 2005 guidelines for sexual health information and disease prevention: The Washington State Department of Health (DOH) and the Office of Superintendent of Public Instruction (OSPI) established guidelines for sexual health information and disease prevention in January 2005. The guidelines for sexual health education programs include ensuring that information is medically and scientifically accurate and objective, providing information for those who are sexually active on how to access health services, stressing that abstinence is the only certain way to avoid sexually transmitted diseases, and more. The January 2005 guidelines for sexual health information and disease prevention may be found here.

Senate Bill 5395

Senate Bill 5395 was sponsored by Senator Claire Wilson (D), vice-chair of the Senate Early Learning and K-12 Education Committee. In the 2020 state legislative session, SB 5395 was introduced in the State Senate on January 13, 2020, and was passed along party lines by a vote of 28-21 on January 22. It was passed in the House with amendments on March 4, 2020, with Democrats voting in favor and Republicans voting against. SB 5395 passed in the Senate along party lines on March 7, 2020, with one Democrat, Tim Sheldon, joining all Senate Republicans in voting no. Governor Jay Inslee (D) signed the bill into law on March 27, 2020.

Click [show] to see SB 5395 vote totals by party.

Senate Bill 5395 vote totals

Vote in the Washington House of Representatives March 4, 2020 Requirement: Majority approval in each chamber Number of yes votes required: 50  a Yes No Not voting Total 56 40 2 Total percent 57.14% 40.82% 2.04% Democrat 56 0 1 Republican 0 40 1 Vote in the Washington State Senate March 7, 2020 Requirement: Majority approval in each chamber Number of yes votes required: 25  a Yes No Not voting Total 27 21 1 Total percent 55.10% 42.86% 2.04% Democrat 27 1 1 Republican 0 20 0

2019 sexual health education workgroup

The 2019 Washington State Operating Budget (House Bill 1109, Section 501 [3][h]) required OSPI to create a workgroup to review sexual health education learning standards and consider the merits of requiring comprehensive sexual health education in all public schools and to submit the group's findings to the state legislature by December 1, 2019. The workgroup was composed of the state superintendent, three school district representatives, three school principals, three public school health teachers, three public health officials, and three parents. The workgroup met four times.

As of 2016, Washington had 294 school districts. The workgroup surveyed the school districts asking if they provided sexual health education, to what grade levels it was provided, and what curriculums they were using. The workgroup found that of 285 districts that responded, 93% reported providing sexual health education to at least one grade-level grouping, as follows:

• K-5: 64.7%;
• 6-8: 86.1%; and
• 9-12: 75.2%.

Of the school districts providing sexual health education, 42.1% reported using curriculums that had not been reviewed for compliance with education standards required by state law.

The workgroup ultimately agreed that all students should receive comprehensive sexual health education in grades K-12, citing that "students who receive CSHE have better health outcomes than students who receive abstinence-only instruction or no instruction, or whose primary source of information is the internet."

The workgroup's full report may be found here.

Veto referendums in Washington

See also: How many veto referendums have there been in Washington?

A veto referendum is a type of citizen-initiated ballot measure that asks voters whether to uphold or repeal a law passed by the state legislature.

Click [show] to see information on veto referendum measures in Washington.

Veto referendums in Washington

The veto referendum ballot measure is also known as a popular referendum, people's veto, or citizen's veto. In Washington, these are called referendum measures. There are 23 states that have a process for veto referendums. In Washington, successful veto referendum petitions suspend the targeted law until the veto referendum is placed on the ballot and voted on in an election. Since the first in 1914, Washington voters have decided 38 statewide veto referendum measures at the ballot. Opponents of the law collect signatures for the veto referendum petition hoping that voters will repeal it at the ballot. The most recent veto referendum, Referendum 88, was on the ballot in Washington in 2019 and resulted in Initiative 1000 being rejected. In 81.6% of cases (31 of 38), the veto referendum resulted in the targeted bill being repealed. Conversely, 18.4% (seven of 37) of veto referendum measures resulted in the targeted law being upheld. Number of Washington veto referendums Total veto referendums Laws upheld Laws repealed Year of last measure 38 7 31 2019

Path to the ballot

See also: Laws governing the initiative process in Washington

The state process

In Washington, the number of signatures required to qualify a veto referendum for the ballot is equal to 4 percent of the votes cast for the office of governor at the last regular gubernatorial election. Signatures must be submitted 90 days following the adjournment of the legislative session during which the targeted bill was passed.

The requirements to get a veto referendum certified for the 2020 ballot:

• Signatures: 129,811 valid signatures were due by June 10, 2020.

The secretary of state verifies the signatures using a random sample method. If the sample indicates that the measure has sufficient signatures, the measure is certified for the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature is checked. Under Washington law, a random sample result may not invalidate a petition.

Signatures for veto referendums were due by June 10, 2020.

Details about this initiative

• In the 2020 state legislative session, Senate Bill 5395 was passed in the State House on March 4, 2020, along party lines with Democrats voting in favor and Republicans voting against. It passed in the Senate along party lines on March 7, 2020, with one Democrat, Tim Sheldon, joining all Senate Republicans in voting no. Governor Jay Inslee (D) signed the bill into law on March 27, 2020.
• Mindie Wirth filed the referendum on March 13, 2020.
• Proponents submitted 266,000 signatures on June 10, 2020.
• The secretary of state certified the measure for the ballot on June 24, 2020. In a random sample check of 7,940 signatures, the secretary of state's office found that 7,186 were valid, suggesting a signature validity rate of 90.5%. This means that of 264,637 signatures submitted by proponents, 239,496 were deemed valid through the random sample verification. To qualify for the ballot, 129,811 valid signatures were required.

Cost of signature collection:
Sponsors of the measure hired volunteers to collect signatures for the petition to qualify this measure for the ballot. A total of $0.00 was spent to collect the 129,811 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.00.

How to cast a vote

See also: Voting in Washington

Click "Show" to learn more about voter registration, identification requirements, and poll times in Washington.

How to cast a vote in Washington

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times Washington is an all-mail voting state. Individuals who prefer to vote in person rather than by mail may do so at local voting centers, which are open for 18 days prior to the election. The voting period ends at 8:00 p.m. on Election Day. Contact your county elections department for more information on voting center locations and times. Registration requirements Check your voter registration status here. To vote in Washington, one must be a citizen of the United States, a resident of the state, and at least 18 years of age. One may register to vote online, by mail, or in-person at a county elections department. Registration must be completed eight days in advance if done by mail or online. In-person registration is available through Election Day. In 2018, Washington lawmakers enacted legislation providing for same-day voter registration and automatic voter registration. Automatic registration Washington automatically registers eligible individuals to vote through the Department of Motor Vehicles, health benefit exchange, and other state agencies approved by the governor. Online registration See also: Online voter registration Washington has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Washington allows same-day voter registration. Residency requirements Washington law requires 30 days of residency in the state before a person may vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Washington does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who knowingly provides false information or knowingly make a false declaration about their qualifications "will have committed a class C felony that is punishable by imprisonment for up to five years, a fine of up to ten thousand dollars, or both." All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. As of January 2025, six states — Alabama, Arizona, Georgia, Kansas, Louisiana, and New Hampshire — had passed laws requiring verification of citizenship at the time of voter registration. However, only two of those states' laws were in effect, in Arizona and New Hampshire. In three states — California, Maryland, and Vermont — at least one local jurisdiction allowed noncitizens to vote in some local elections as of November 2024. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The site Vote WA, run by the Washington Secretary of State office, allows residents to check their voter registration status online. Voter ID requirements Washington is an all-mail voting state and does not require voters to present photo identification (ID). Voters may choose to vote in person at a local voting center. According to state law RCW 29A.40.160, “The county auditor shall require any person desiring to vote at a voting center to either sign a ballot declaration or provide identification.” Accepted forms of ID include driver's licenses, state ID cards, and student ID cards. For a list of all accepted forms of ID, see below. The following list of accepted ID was current as of April 2023. Click here for the Washington State Legislature's voter ID regulations to ensure you have the most current information. Driver's license State identification card Student identification card Tribal identification card Employer identification card }}

See also

2020 measures

• 2020 ballot measures
• Education on the ballot
• 2020 petition deadlines

Washington

• Washington ballot measures
• Washington initiative laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls
• Ballot measure signature costs

External links

• Washington Secretary of State: Proposed Initiatives to the People - 2020
• Referendum 90 full text
• Washington State Department of Health and Office of Superintendent of Public Instruction: January 2005 Guidelines for Sexual Health Information and Disease Prevention
• Washington 2020 general election voter guide
• Voters' Guide information for Referendum 90

Support

• Safe and Healthy Youth Washington (Approve 90) campaign website
• Safe and Healthy Youth Washington (Approve 90) Facebook page
• Safe and Healthy Youth Washington (Approve 90) Twitter page

Opposition

• Parents for Safe Schools (Reject Ref-90) campaign website
• Parents for Safe Schools (Reject Ref-90) Facebook page