BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
John Vasconcellos, Chair
2003-2004 Regular Session
BILL NO: SB 71
AUTHOR: Kuehl
AMENDED: March 25, 2003
FISCAL COMM: Yes HEARING DATE: April 9, 2003
URGENCY: No CONSULTANT:Nancy Anton
SUBJECT : Sexual Health and HIV/AIDS Prevention Education
SUMMARY
This bill establishes the California Comprehensive Sexual
Health and HIV/AIDS Prevention Education Act which revises,
consolidates, clarifies and expands upon existing
provisions of law related to sex and HIV/AIDS prevention
education, as specified.
BACKGROUND
Current law requires school districts to teach HIV/AIDS
prevention education and specifies that, among other
requirements, it must be presented at least once in middle
school and once in high school. Current law does not
require that school districts teach sex education but, if
school districts opt to so do, then they must follow
specific content and notification requirements. Current
law specifies that parents may choose not to have their
children receive the HIV/AIDS prevention education and/or
the sex education.
ANALYSIS
This bill establishes the California Comprehensive Sexual
Health and HIV/AIDS Prevention Education Act. This act
revises, streamlines, clarifies, expands upon and deletes
primarily redundant or obsolete provisions of current law
related to sex and HIV/AIDS prevention education, as
specified. Significant provisions of the bill include:
1) Revising and simplifying the HIV/AIDS and sex
education parent notification requirements.
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Specifically, the bill requires that, at a minimum,
each parent or guardian be notified at the beginning
of the school year, as specified, of the following:
a) Whether the class will be taught by district
personnel or an outside consultant.
b) That parents or guardians may request in
writing that their child not receive this
education (opt-out.) Current law specifies that
districts must notify parents/guardians that they
may request that their child not receive this
education (opt-out) and also authorizes, as
specified, school districts to require parental
consent prior to providing instruction (opt-in.)
c) That the class materials are available to be
inspected.
d) That the parent/guardian may request a copy
of this statute.
2) Requires school districts which provide sexual health
education to also provide in-service training for all
school personnel that provide this education, as
specified. It is estimated that approximately 85% of
school districts provide sexual health education.
(Current law already requires that personnel providing
HIV/AIDS education be appropriately trained, as
specified.)
3) Defines for purposes of this act a variety of terms
including "age appropriate", "comprehensive sexual
health education", "HIV/AIDS prevention education",
"trained instructors" and "medically accurate."
4) Makes numerous minor technical, clarifying,
consolidating, and streamlining changes, as specified.
STAFF COMMENTS
This bill, sponsored by Planned Parenthood, Affiliates, is
an effort to consolidate, streamline and make consistent
various parts of the Education Code which address issues of
sex education and HIV/AIDS prevention education.
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SUPPORT
American Association of University Women
American Civil Liberties Union
California Alliance for Pride and Equality
California Church Impact
California Commission on the Status of Women
California Federation of Teachers
California Medical Association
California NOW
California School Board's Association
California School Nurses Organization
California Teacher's Association
California Women Lawyers
California Women's Law Center
Clergy for Responsible Choices
Lambda Letters Project
League of Women Voters of California
National Asian Women's Health Organization
Planned Parenthood Affiliates of California
Population Connection - Monterey Bay Chapter
Populations Services International
Pro-Choice Coalition of Santa Clara County
Protection and Advocacy
Reproductive Rights Network of Santa Cruz, County
Santa Barbara Pro Choice Coalition
Social Action Committee Temple Beth Torah, Ventura
California
Teen Educators Advocates and Mentors
Teen Pregnancy Coalition of San Mateo County
Women as Allies, Inc.
Women's International League for Peace and Freedom
Working for Quality Child Care
Clergy Members:
Rabbi Dana Magat, San Jose
Rabbi Melanie Aron, Los Gatos
Rabbi Rich Shapiro, Goleta
Reverend Bets Wienecke, Goleta
Reverend Dr. Peggy Johnson, Santa Barbara
Reverend Jill Martinez, Oxnard
Reverend John Fuller
Reverend Mark Asman, Santa Barbara
OPPOSITION
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Committee on Moral Concerns
Concerned Women of America