BILL NUMBER: AB 1925	CHAPTERED  08/30/04

	CHAPTER  323
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2004
	APPROVED BY GOVERNOR  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 1, 2004
	AMENDED IN SENATE  JUNE 30, 2004
	AMENDED IN SENATE  JUNE 7, 2004
	AMENDED IN ASSEMBLY  MARCH 26, 2004

INTRODUCED BY   Assembly Member Haynes

                        FEBRUARY 10, 2004

   An act to amend Section 51938 of the Education Code, relating to
instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1925, Haynes.  Comprehensive sexual health and HIV/AIDS
prevention instruction.
   The existing California Comprehensive Sexual Health and HIV/AIDS
Prevention Education Act, authorizes school districts to provide
comprehensive sexual health education, as defined, in any
kindergarten to grade 12, inclusive, and ensures that all pupils in
grades 7 to 12, inclusive, receive HIV/AIDS prevention education, as
defined.  Existing law requires a school district to notify the
parent or guardian of a pupil about instruction in comprehensive
sexual health education and HIV/AIDS prevention and empowers a parent
or guardian to excuse his or her pupil from all or part of that
instruction.
   This bill would require, if the instruction in comprehensive
sexual health education and HIV/AIDS prevention will be taught by
outside consultants, or if that instruction is to be given in an
assembly by guest speakers, a school district to notify the parent or
guardian of a pupil about that instruction, as specified, no fewer
than 14 days in advance of the instruction.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 51938 of the Education Code is amended to read:

   51938.  A parent or guardian of a pupil has the right to excuse
their child from all or part of comprehensive sexual health
education, HIV/AIDS prevention education, and assessments related to
that education, as follows:
   (a) At the beginning of each school year, or, for a pupil who
enrolls in a school after the beginning of the school year, at the
time of that pupil's enrollment, each school district shall notify
the parent or guardian of each pupil about instruction in
comprehensive sexual health education and HIV/AIDS prevention
education and research on pupil health behaviors and risks planned
for the coming year.  The notice shall do all of the following:
   (1) Advise the parent or guardian that written and audiovisual
educational materials used in comprehensive sexual health education
and HIV/AIDS prevention education are available for inspection.
   (2) Advise the parent or guardian whether the comprehensive sexual
health education or HIV/AIDS prevention education will be taught by
school district personnel or by outside consultants.  A school
district may provide comprehensive sexual health education or
HIV/AIDS prevention education, to be taught by outside consultants,
and may hold an assembly to deliver comprehensive sexual health
education or HIV/AIDS prevention education by guest speakers, but if
it elects to provide comprehensive sexual health education or
HIV/AIDS prevention education in either of these manners, the notice
shall include the date of the instruction, the name of the
organization or affiliation of each guest speaker, and information
stating the right of the parent or guardian to request a copy of this
section, Section 51933, and Section 51934.  If arrangements for this
instruction are made after the beginning of the school year, notice
shall be made by mail or another commonly used method of
notification, no fewer than 14 days before the instruction is
delivered.
   (3) Include information explaining the parent's or guardian's
right to request a copy of this chapter.
   (4) Advise the parent or guardian that the parent or guardian may
request in writing that his or her child not receive comprehensive
sexual health education or HIV/AIDS prevention education.
   (b) Notwithstanding Section 51513, anonymous, voluntary, and
confidential research and evaluation tools to measure pupils' health
behaviors and risks, including tests, questionnaires, and surveys
containing age-appropriate questions about the pupil's attitudes
concerning or practices relating to sex may be administered to any
pupil in grades 7 to 12, inclusive, if the parent or guardian is
notified in writing that this test, questionnaire, or survey is to be
administered and the pupil's parent or guardian is given the
opportunity to review the test, questionnaire, or survey and to
request in writing that his or her child not participate.
   (c) The use of outside consultants or guest speakers as described
in paragraph (2) of subdivision (a) is within the discretion of the
school district.