BILL NUMBER: AB 2086	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huff
   (Coauthor: Assembly Member Anderson)

                        FEBRUARY 19, 2008

   An act to add Section 48986.5 to the Education Code, relating to
schools.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2086, as introduced, Huff. Schools: parental notification:
sexual orientation: gender identity.
   (1) Existing law prohibits a teacher from giving instruction that
promotes a discriminatory bias because of the disability, gender,
nationality, race or ethnicity, religion, or sexual orientation of a
person or because of the association with a person or group with one
or more of these actual or perceived characteristics.
   Existing law requires a school district to notify the parent of
guardian of a 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 school year. The
notice is required to 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 and HIV/AIDS prevention
education.
   This bill would require notice to be sent to the parent or
guardian of a pupil regarding the proposed discussion on gender
identity or sexual orientation in a class attended by the pupil other
than a class on comprehensive sexual health education and HIV/AIDS
prevention education. The notice would be required to outline the
matters to be discussed and the manner in which a parent or guardian
can request that the pupil not be present during the discussion. By
requiring this notice to be sent, the bill would impose a
state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 48986.5 is added to the Education Code, to
read:
   48986.5.  If a teacher proposes to include a discussion on gender
identity or sexual orientation in a class other than one on
comprehensive sexual health education and HIV/AIDS prevention
education, the school district shall send a notice to the parent or
guardian of a pupil attending the class. The notice shall outline the
matters to be discussed and the manner in which a parent or guardian
can request that the pupil not be present during the discussion.
Notice sent pursuant to this section shall be in addition to the
notice required pursuant to Section 51938.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.