BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 71|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 71
Author: Kuehl (D), et al
Amended: 9/2/03
Vote: 21
SENATE EDUCATION COMMITTEE : 9-2, 4/9/03
AYES: Vasconcellos, Alarcon, Alpert, Chesbro, Romero,
Scott, Sher, Speier, Vincent
NOES: Denham, Knight
NO VOTE RECORDED: McPherson, Karnette
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 23-13, 6/4/03
AYES: Alarcon, Alpert, Bowen, Burton, Cedillo, Chesbro,
Ducheny, Dunn, Escutia, Figueroa, Karnette, Kuehl,
Machado, Murray, Ortiz, Perata, Romero, Scott, Sher,
Soto, Torlakson, Vasconcellos, Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Brulte, Denham,
Hollingsworth, Knight, Margett, McClintock, Morrow,
Oller, Poochigian
NO VOTE RECORDED: Florez, Johnson, McPherson, Speier
ASSEMBLY FLOOR : 47-32, 9/9/03 - See last page for vote
SUBJECT : Education: sexual health and HIV/AIDS
prevention
SOURCE : Planned Parenthood Affiliates of California
American Civil Liberties Union
CONTINUED
SB 71
Page
2
DIGEST : 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.
Assembly amendments (a) make further clarifying changes,
(b) add legislative intent relating to communication with
parents, and (c) double join to AB 300.
Senate Floor Amendments of 6/2/03 further clarify
provisions and maintain current law to make consistent
various parts of the Education Code.
ANALYSIS : 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.
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. 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 sex education and/or
HIV/AIDS prevention education (opt-out.) Current law
SB 71
Page
3
specifies that districts must notify parents/guardians
that they may request that their child not receive sex
education and/or HIV/AIDS prevention education
(opt-out) and also authorizes, as specified, school
districts to require affirmative parental consent
prior to providing HIV/AIDS prevention instruction
(opt-in). However, current law does not authorize
school districts to require affirmative parental
consent (opt-in) prior to providing sex education
instruction.
C. That the class materials are available to be
inspected.
D. That the parent/guardian may request a copy of this
statute.
1.Authorizes 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.)
2.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."
3.Specifies legislative intent to encourage pupils to
communicate with their parents or guardians about human
sexuality and HIV/AIDS and to respect the rights of
parents or guardians to supervise their children's
education on these subjects.
4.Makes numerous minor technical, clarifying,
consolidating, and streamlining changes, as specified.
5.Adds language to avoid chaptering out issues with AB 300
(Committee on Education).
Comments
SB 71
Page
4
This bill, sponsored by Planned Parenthood, Affiliates and
the American Civil Liberties Union, 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.
According to the author's office, California's current
patchwork of sex education laws is confusing and
contradictory. Though public opinion polls show
overwhelming support for comprehensive sex education, many
school districts provide incomplete, biased and inaccurate
education, leaving students without much-needed basic
information about sexuality and reproductive health.
This bill makes several reforms to provide districts,
administrators and teachers with a clearly defined
framework to follow when providing students with vital
information about how to prevent sexually transmitted
disease and unintended pregnancy.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/23/03)
Planned Parenthood Affiliates of California (co-source)
American Civil Liberties Union (co-source)
American Association of University Women
American College of Obstetricians and Gynecologists
Being Alive Los Angeles, Inc.
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
Junior Leagues of California
SB 71
Page
5
Lambda Letters Project
League of Women Voters of California
National Asian Women's Health Organization
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 : (Verified 4/23/03)
Committee on Moral Concerns
Concerned Women of America
ASSEMBLY FLOOR :
AYES: Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez,
Chu, Cohn, Corbett, Diaz, Dutra, Dymally, Frommer,
Goldberg, Hancock, Jerome Horton, Jackson, Kehoe, Koretz,
Laird, Leno, Levine, Lieber, Liu, Longville, Lowenthal,
Matthews, Montanez, Mullin, Nakano, Nation, Negrete
McLeod, Nunez, Oropeza, Parra, Pavley, Reyes, Richman,
Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas,
Wiggins, Wolk, Yee, Wesson
NOES: Aghazarian, Bates, Benoit, Bogh, Campbell, Cogdill,
Correa, Cox, Daucher, Dutton, Garcia, Harman, Haynes,
SB 71
Page
6
Shirley Horton, Houston, Keene, La Malfa, La Suer,
Leslie, Maddox, Maldonado, Maze, McCarthy, Mountjoy,
Nakanishi, Pacheco, Plescia, Runner, Samuelian, Spitzer,
Strickland, Wyland
NC:nl 9/10/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****