Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 329


Introduced by Assembly Member Weber

February 13, 2015


An actbegin insert to amend Sections 51930, 51931, 51932, 51933, 51934, 51935, 51936, 51937, 51938, and 51939 of, to amend the heading of Article 2 (commencing with Section 51933) of Chapter 5.6 of, to amend the heading of Chapter 5.6 (commencing with Section 51930) of, to amend and renumber the heading of Article 4 (commencing with Section 51935) and Article 5 (commencing with Section 51937) of Chapter 5.6 of, and to repeal the heading of Article 3 (commencing with Section 51934) of Chapter 5.6 of, Part 28 of Division 4 of Title 2 of, the Education Code,end insert relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

AB 329, as amended, Weber. Pupil instruction: sexual health education.

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law, the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act, authorizes school districts to provide comprehensive sexual health education, consisting of age-appropriate instruction, in any of kindergarten and grades 1 to 12, inclusive, and requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention education, as specified.

begin delete

This bill would express the intent of the Legislature to enact legislation that would review and update the current sexual health education curriculum that is provided to pupils in schools to reflect the advances in age-appropriate sexual health instruction, including, but not limited to, healthy relationships and dating violence.

end delete
begin insert

This bill would revise and recast these provisions to, among other things, integrate the instruction of comprehensive sexual health education and HIV prevention education. The bill would rename the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act the California Healthy Youth Act. The bill would specify additional purposes of the act. The bill would instead require school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified. By imposing additional requirements on school districts, this bill would impose a state-mandated local program.

end insert
begin insert

(2) Existing law provides that these provisions do not apply to instruction or materials that discuss gender, sexual orientation, or family life and do not discuss human reproductive organs and their functions.

end insert
begin insert

This bill would instead provide that these provisions do not apply to instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, discrimination, harassment, bullying, intimidation, relationships, or family and do not discuss human reproductive organs and their functions.

end insert
begin insert

(3) This bill would also make conforming changes.

end insert
begin insert

(4) 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.

end insert
begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe heading of Chapter 5.6 (commencing with
2Section 51930) of Part 28 of Division 4 of Title 2 of the end insert
begin insertEducation
3Code
end insert
begin insert is amended to read:end insert

 

P3    1Chapter  5.6. 2Californiabegin delete Comprehensive Sexual Health and HIV/AIDS Prevention Educationend delete
3begin insert Healthy Youthend insert Act
4

 

5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 51930 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
6read:end insert

7

51930.  

(a) This chapter shall bebegin delete knownend deletebegin insert known,end insert and may be
8begin delete citedend deletebegin insert cited,end insert as the Californiabegin delete Comprehensive Sexual Health and
9HIV/AIDS Prevention Educationend delete
begin insert Healthy Youthend insert Act.

10(b) The purposes of this chapter are as follows:

11(1) To providebegin delete a pupilend deletebegin insert pupilsend insert with the knowledge and skills
12necessary to protectbegin delete his or herend deletebegin insert theirend insert sexual and reproductive health
13frombegin delete unintended pregnancy and sexually transmitted diseases.end deletebegin insert HIV
14and other sexually transmitted infections and from unintended
15pregnancy.end insert

16(2) Tobegin delete encourage a pupilend deletebegin insert provide pupils with the knowledge and
17skills they needend insert
to develop healthy attitudes concerning adolescent
18growth and development, body image,begin delete gender roles,end deletebegin insert gender,end insert sexual
19orientation,begin delete dating,end deletebegin insert relationships,end insert marriage, and family.

begin insert

20(3) To promote understanding of sexuality as a normal part of
21human development.

end insert
begin insert

22(4) To ensure pupils receive integrated, comprehensive,
23accurate, and unbiased sexual health and HIV prevention
24instruction and provide educators with clear tools and guidance
25to accomplish that end.

end insert
begin insert

26(5) To provide pupils with the knowledge and skills necessary
27to have healthy, positive, and safe relationships and behaviors.

end insert
28begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 51931 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
29read:end insert

30

51931.  

For the purposes of this chapter, the following
31definitions apply:

32(a) “Age appropriate” refers to topics, messages, and teaching
33methods suitable to particular ages or age groups of children and
34adolescents, based on developing cognitive, emotional, and
35behavioral capacity typical for the age or age group.

36(b) “Comprehensive sexual health education” means education
37regarding human development and sexuality, including education
38on pregnancy,begin delete family planning,end deletebegin insert contraception,end insert and sexually
39 transmittedbegin delete diseases.end deletebegin insert infections.end insert

P4    1(c) “English learner” means a pupil as described in subdivision
2(a) of Section 306.

3(d) begin delete“HIV/AIDS end deletebegin insert“HIV end insertprevention education” means instruction
4on the nature ofbegin delete HIV/AIDS,end deletebegin insert HIV and AIDS,end insert methods of
5transmission, strategies to reduce the risk of human
6immunodeficiency virus (HIV) infection, and social and public
7health issues related tobegin delete HIV/AIDS.end deletebegin delete For the purposes of this chapter,
8“HIV/AIDS prevention education” is not comprehensive sexual
9health education.end delete
begin insert HIV and AIDS.end insert

10(e) “Instructors trained in the appropriate courses” means
11instructors with knowledge of the most recent medically accurate
12research on human sexuality,begin insert healthy relationships,end insert pregnancy,
13begin insert and HIVend insert andbegin insert otherend insert sexually transmittedbegin delete diseases.end deletebegin insert infections.end insert

14(f) “Medically accurate” means verified or supported by research
15conducted in compliance with scientific methods and published
16in peer-reviewed journals, where appropriate, and recognized as
17accurate and objective by professional organizations and agencies
18with expertise in the relevant field, such as the federal Centers for
19Disease Control and Prevention, the American Public Health
20Association, the American Academy of Pediatrics, and the
21American College of Obstetricians and Gynecologists.

22(g) “School district” includes county boards of education, county
23superintendents of schools, the California School for the Deaf, and
24the California School for the Blind.

25begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 51932 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
26read:end insert

27

51932.  

(a) This chapter does not apply to description or
28illustration of human reproductive organs that may appear in a
29textbook, adopted pursuant to law, on physiology, biology,
30zoology, general science, personal hygiene, or health.

31(b) This chapter does not apply tobegin delete instruction orend deletebegin insert instruction,end insert
32 materialsbegin insert, presentations, or programmingend insert that discuss gender,
33begin insert gender identity, gender expression,end insert sexual orientation,
34begin insert discrimination, harassment, bullying, intimidation, relationships,end insert
35 or familybegin delete lifeend delete and do not discuss human reproductive organs and
36their functions.

37begin insert

begin insertSEC. 5.end insert  

end insert

begin insertThe heading of Article 2 (commencing with Section
3851933) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the end insert
begin insert39Education Codeend insertbegin insert is amended to read:end insert

 

P5    1Article 2.  begin deleteAuthorized end deletebegin insertRequired end insertComprehensive Sexual Health
2Educationbegin insert and HIV Prevention Educationend insert
3

 

4begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 51933 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
5read:end insert

begin delete
6

51933.  

(a) School districts may provide comprehensive sexual
7health education, consisting of age-appropriate instruction, in any
8kindergarten to grade 12, inclusive, using instructors trained in the
9appropriate courses.

10(b) A school district that elects to offer comprehensive sexual
11health education pursuant to subdivision (a), whether taught by
12school district personnel or outside consultants, shall satisfy all of
13the following criteria:

end delete
14begin insert

begin insert51933.end insert  

end insert
begin insert

All comprehensive sexual health education and HIV
15prevention education pursuant to Section 51934, whether taught
16or supplemented by school district personnel or by outside
17consultants or guest speakers pursuant to Section 51936, shall
18satisfy all of the following criteria:

end insert
begin delete

19(1)

end delete

20begin insert(a)end insert Instruction and materials shall be age appropriate.

begin delete

21(2)

end delete

22begin insert(b)end insert All factual information presented shall be medically accurate
23and objective.

begin insert

24(c) All instruction and materials shall align with and support
25the purposes of this chapter as set forth in paragraphs (1) to (5),
26inclusive, of subdivision (b) of Section 51930 and may not be in
27conflict with them.

end insert
begin insert

28(d) (1) Instruction and materials shall be appropriate for use
29with pupils of all races, genders, sexual orientations, and ethnic
30and cultural backgrounds, pupils with disabilities, and English
31learners.

end insert
begin delete

32(3)

end delete

33begin insert(2)end insert Instructionbegin insert and materialsend insert shall be made available on an equal
34basis to a pupil who is an English learner, consistent with the
35existing curriculum and alternative options for an English learner
36pupil as otherwise provided in this code.

begin delete

37(4) Instruction and materials shall be appropriate for use with
38pupils of all races, genders, sexual orientations, ethnic and cultural
39backgrounds, and pupils with disabilities.

end delete
begin delete

40(5)

end delete

P6    1begin insert(3)end insert Instruction and materials shall be accessible to pupils with
2disabilities, including, but not limited to, the provision of a
3modified curriculum, materials and instruction in alternative
4formats, and auxiliary aids.

begin insert

5(4) Instruction and materials shall not reflect or promote bias
6against any person on the basis of any category protected by
7Section 220.

end insert
begin insert

8(5) Instruction and materials shall affirmatively recognize that
9people have different sexual orientations and, when discussing or
10providing examples of relationships and couples, shall be inclusive
11of same-sex relationships.

end insert
begin insert

12(6) Instruction and materials shall teach pupils about gender,
13gender expression, gender identity, and explore the harm of
14negative gender stereotypes.

end insert
begin delete

15(6)

end delete

16begin insert(e)end insert Instruction and materials shall encourage a pupil to
17communicate with his or herbegin delete parents orend deletebegin insert parents,end insert guardiansbegin insert, and
18other trusted adultsend insert
about humanbegin delete sexuality.end deletebegin insert sexuality and provide
19the knowledge and skills necessary to do so.end insert

begin delete

20(7)

end delete

21begin insert(f)end insert Instruction and materials shall teachbegin delete respect for marriage andend delete
22begin insert the value of and prepare pupils to have and maintainend insert committed
23begin delete relationships.end deletebegin insert relationships such as marriage.end insert

begin insert

24(g) Instruction and materials shall provide pupils with
25knowledge and skills they need to form healthy relationships that
26are based on mutual respect and affection, and are free from
27violence, coercion, and intimidation.

end insert
begin insert

28(h) Instruction and materials shall provide pupils with
29knowledge and skills for making and implementing healthy
30decisions about sexuality, including negotiation and refusal skills
31to assist pupils in overcoming peer pressure and using effective
32decisionmaking skills to avoid high-risk activities.

end insert
begin insert

33(i) Instruction and materials may not teach or promote religious
34doctrine.

end insert
begin delete

35(8) Commencing in grade 7, instruction and materials shall teach
36that abstinence from sexual intercourse is the only certain way to
37prevent unintended pregnancy, teach that abstinence from sexual
38activity is the only certain way to prevent sexually transmitted
39diseases, and provide information about the value of abstinence
P7    1while also providing medically accurate information on other
2methods of preventing pregnancy and sexually transmitted diseases.

3(9) Commencing in grade 7, instruction and materials shall
4provide information about sexually transmitted diseases. This
5instruction shall include how sexually transmitted diseases are and
6are not transmitted, the effectiveness and safety of all federal Food
7and Drug Administration (FDA) approved methods of reducing
8the risk of contracting sexually transmitted diseases, and
9information on local resources for testing and medical care for
10sexually transmitted diseases.

11(10) Commencing in grade 7, instruction and materials shall
12provide information about the effectiveness and safety of all
13FDA-approved contraceptive methods in preventing pregnancy,
14including, but not limited to, emergency contraception.

15(11) Commencing in grade 7, instruction and materials shall
16provide pupils with skills for making and implementing responsible
17decisions about sexuality.

18(12) Commencing in grade 7, instruction and materials shall
19provide pupils with information on the law on surrendering
20physical custody of a minor child 72 hours or younger, pursuant
21to Section 1255.7 of the Health and Safety Code and Section 271.5
22of the Penal Code.

23(c) A school district that elects to offer comprehensive sexual
24health education pursuant to subdivision (a) earlier than grade 7
25may provide age appropriate and medically accurate information
26on any of the general topics contained in paragraphs (8) to (12),
27inclusive, of subdivision (b).

28(d) If a school district elects to offer comprehensive sexual
29health education pursuant to subdivision (a), whether taught by
30school district personnel or outside consultants, the school district
31shall comply with the following:

32(1) Instruction and materials may not teach or promote religious
33doctrine.

34(2) Instruction and materials may not reflect or promote bias
35against any person on the basis of any category protected by
36Section 220.

end delete
37begin insert

begin insertSEC. 7.end insert  

end insert

begin insertThe heading of Article 3 (commencing with Section
3851934) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the end insert
begin insert39Education Codeend insertbegin insert is repealed.end insert

begin delete

 

P8    1Article 3.  Required HIV/AIDS Prevention Education
2

 

end delete
3begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 51934 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
4read:end insert

5

51934.  

(a) begin deleteA end deletebegin insertEach end insertschool district shall ensure that all pupils
6in grades 7 to 12, inclusive, receivebegin delete HIV/AIDSend deletebegin insert comprehensive
7sexual health education and HIVend insert
prevention education from
8instructors trained in the appropriate courses. Each pupil shall
9receive this instruction at least once in junior high or middle school
10and at least once in high school.begin insert This instruction shall include all
11of the following:end insert

begin delete

12(b) HIV/AIDS prevention education, whether taught by school
13district personnel or outside consultants, shall satisfy all of the
14criteria set forth in paragraphs (1) to (6), inclusive, of subdivision
15(b) and paragraphs (1) and (2) of subdivision (d) of Section 51933,
16shall accurately reflect the latest information and recommendations
17from the United States Surgeon General, the federal Centers for
18Disease Control and Prevention, and the National Academy of
19Sciences, and shall include the following:

end delete

20(1) Information on the nature ofbegin delete HIV/AIDSend deletebegin insert HIV, as well as
21other sexually transmitted infections,end insert
andbegin delete itsend deletebegin insert theirend insert effects on the
22human body.

23(2) Information on the manner in which HIVbegin delete is and is notend deletebegin insert and
24other sexually transmitted infections are and are notend insert
transmitted,
25including information onbegin delete activities that present the highest risk of
26HIV infection.end delete
begin insert the relative risk of infection according to specific
27 behaviors, including sexual activities and injection drug use.end insert

begin delete

28(3) Discussion of methods to reduce the risk of HIV infection.
29This instruction shall emphasize that sexual abstinence, monogamy,
30the avoidance of multiple sexual partners, and abstinence from
31intravenous drug use are the most effective means for HIV/AIDS
32prevention, but shall also include statistics based upon the latest
33medical information citing the success and failure rates of condoms
34and other contraceptives in preventing sexually transmitted HIV
35infection, as well as information on other methods that may reduce
36the risk of HIV transmission from intravenous drug use.

37(4) Discussion of the public health issues associated with
38HIV/AIDS.

39(5) Information on local resources for HIV testing and medical
40care.

P9    1(6) Development of refusal skills to assist pupils in overcoming
2peer pressure and using effective decisionmaking skills to avoid
3high-risk activities.

4(7) Discussion about societal views on HIV/AIDS, including
5stereotypes and myths regarding persons with HIV/AIDS. This
6instruction shall emphasize compassion for persons living with
7HIV/AIDS.

end delete
begin insert

8(3) Information that abstinence from sexual activity and injection
9drug use is the only certain way to prevent HIV and other sexually
10transmitted infections and abstinence from sexual intercourse is
11the only certain way to prevent unintended pregnancy. Instruction
12shall provide information about the value of delaying sexual
13activity while also providing medically accurate information on
14other methods of preventing HIV and other sexually transmitted
15infections and pregnancy.

end insert
begin insert

16(4) Information about the effectiveness and safety of all federal
17Food and Drug Administration (FDA) approved methods that
18prevent or reduce the risk of contracting HIV and other sexually
19transmitted infections, including use of antiretroviral medication.

end insert
begin insert

20(5) Information about the effectiveness and safety of reducing
21the risk of HIV transmission as a result of injection drug use by
22decreasing needle use and needle sharing.

end insert
begin insert

23(6) Information about the treatment of HIV and other sexually
24transmitted infections, including how antiretroviral therapy can
25dramatically prolong the lives of many people living with HIV and
26reduce the likelihood of transmitting HIV to others.

end insert
begin insert

27(7) Discussion about social views on HIV and AIDS, including
28addressing unfounded stereotypes and myths regarding HIV and
29AIDS and people living with HIV. This instruction shall emphasize
30that successfully treated HIV-positive individuals have a normal
31life expectancy, all people are at some risk of contracting HIV,
32and the only way to know if one is HIV-positive is to get tested.

end insert
begin insert

33(8) Information about local resources, how to access local
34resources, and pupils’ legal rights to access local resources for
35sexual and reproductive health care such as testing and medical
36care for HIV and other sexually transmitted infections and
37pregnancy prevention and care, as well as local resources for
38assistance with sexual assault and intimate partner violence.

end insert
begin insert

39(9) Information about the effectiveness and safety of all
40FDA-approved contraceptive methods in preventing pregnancy,
P10   1including, but not limited to, emergency contraception. Instruction
2on pregnancy shall include an objective discussion of all legally
3available pregnancy outcomes, including, but not limited to, all
4of the following:

end insert
begin insert

5(A) Parenting, adoption, and abortion.

end insert
begin insert

6(B) Information on the law on surrendering physical custody
7of a minor child 72 hours of age or younger, pursuant to Section
81255.7 of the Health and Safety Code and Section 271.5 of the
9Penal Code.

end insert
begin insert

10(C) The importance of prenatal care.

end insert
begin insert

11(10) Information about sexual harassment, sexual assault,
12adolescent relationship abuse, intimate partner violence, and sex
13trafficking.

end insert
begin insert

14(b) A school district may provide comprehensive sexual health
15education or HIV prevention education consisting of
16age-appropriate instruction earlier than grade 7, inclusive, using
17 instructors trained in the appropriate courses. A school district
18that elects to offer comprehensive sexual health education or HIV
19prevention education earlier than grade 7 may provide age
20appropriate and medically accurate information on any of the
21general topics contained in paragraphs (1) to (10), inclusive, of
22subdivision (a).

end insert
23begin insert

begin insertSEC. 9.end insert  

end insert

begin insertThe heading of Article 4 (commencing with Section
2451935) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the end insert
begin insert25Education Codeend insertbegin insert is amended and renumbered to read:end insert

26 

27Article begin delete4. end deletebegin insert3.end insert  In-Service Training
28

 

29begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 51935 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
30read:end insert

31

51935.  

(a) A school district shall cooperatively plan and
32conduct in-service training for all school district personnel that
33providebegin delete HIV/AIDSend deletebegin insert comprehensive sexual health education and
34HIV end insert
prevention education, through regional planning, joint powers
35agreements, or contract services.

36(b) In developing and providing in-service training, a school
37district shall cooperate and collaborate with the teachers of the
38district who providebegin delete HIV/AIDSend deletebegin insert comprehensive sexual health
39education and HIVend insert
prevention education and with thebegin delete State
40Department of Education.end delete
begin insert department.end insert

P11   1(c) In-service training shall be conducted periodically to enable
2school district personnel to learn new developments in the scientific
3understanding ofbegin delete HIV/AIDS.end deletebegin insert sexual health, HIV, and other sexually
4transmitted infections.end insert
In-service training shall be voluntary for
5school district personnel who have demonstrated expertise or
6received in-service training from thebegin delete State Department of Educationend delete
7begin insert departmentend insert or federal Centers for Disease Control and Prevention.

begin delete

8(d) A school district may expand HIV/AIDS in-service training
9to cover the topic of comprehensive sexual health education in
10order for school district personnel who provide comprehensive
11sexual health education to learn new developments in the scientific
12understanding of sexual health.

end delete
13begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 51936 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
14read:end insert

15

51936.  

School districts may contract with outside consultants
16begin delete with expertise in comprehensive sexual health education or
17HIV/AIDS prevention education, or both,end delete
begin insert or guest speakers,end insert
18 including those who have developed multilingual curricula or
19curricula accessible to persons with disabilities, to deliverbegin delete the
20instructionend delete
begin insert comprehensive sexual health education and HIV
21prevention educationend insert
or to provide training for school district
22personnel.begin insert All outside consultants and guest speakers shall have
23expertise in comprehensive sexual health education and HIV
24prevention education and have knowledge of the most recent
25medically accurate research on the relevant topic or topics covered
26in their instruction.end insert

27begin insert

begin insertSEC. 12.end insert  

end insert

begin insertThe heading of Article 5 (commencing with Section
2851937) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the end insert
begin insert29Education Codeend insertbegin insert is amended and renumbered to read:end insert

30 

31Article begin delete5. end deletebegin insert4.end insert  Notice and Parental Excuse
32

 

33begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 51937 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
34read:end insert

35

51937.  

It is the intent of the Legislature to encourage pupils
36to communicate with their parents or guardians about human
37sexuality andbegin delete HIV/AIDSend deletebegin insert HIVend insert and to respect the rights of parents
38or guardians to supervise their children’s education on these
39subjects. The Legislature intends to create a streamlined process
40to make it easier for parents and guardians to review materials and
P12   1evaluation tools related to comprehensive sexual health education
2andbegin delete HIV/AIDSend deletebegin insert HIVend insert prevention education, and, if they wish, to
3excuse their children from participation in all or part of that
4instruction or evaluation. The Legislature recognizes that while
5parents and guardians overwhelmingly support medically accurate,
6comprehensive sex education, parents and guardians have the
7ultimate responsibility for imparting values regarding human
8sexuality to their children.

9begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 51938 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
10read:end insert

11

51938.  

begin insert(a)end insertbegin insertend insert A parent or guardian of a pupil has the right to
12excuse their child from all or part of comprehensive sexual health
13education,begin delete HIV/AIDSend deletebegin insert HIVend insert prevention education, and assessments
14related to thatbegin delete education, as follows:end deletebegin insert education through a passive
15consent (“opt-out”) process. A school district shall not require
16active parental consent (“opt-in”) for HIV prevention education
17and comprehensive sexual health education.end insert

begin delete

18(a)

end delete

19begin insert(b)end insert At the beginning of each school year, or, for a pupil who
20enrolls in a school after the beginning of the school year, at the
21time of that pupil’s enrollment, each school district shall notify
22the parent or guardian of each pupil about instruction in
23comprehensive sexual health education andbegin delete HIV/AIDSend deletebegin insert HIVend insert
24 prevention education and research on pupil health behaviors and
25risks planned for the coming year. The notice shall do all of the
26following:

27(1) Advise the parent or guardian that written and audiovisual
28educational materials used in comprehensive sexual health
29education andbegin delete HIV/AIDSend deletebegin insert HIVend insert prevention education are available
30for inspection.

31(2) Advise the parent or guardian whether the comprehensive
32sexual health education orbegin delete HIV/AIDSend deletebegin insert HIVend insert prevention education
33will be taught by school district personnel or by outside consultants.
34A school district may provide comprehensive sexual health
35education orbegin delete HIV/AIDSend deletebegin insert HIVend insert prevention education, to be taught
36by outside consultants, and may hold an assembly to deliver
37comprehensive sexual health education orbegin delete HIV/AIDSend deletebegin insert HIVend insert
38 prevention education by guest speakers, but if it elects to provide
39comprehensive sexual health education orbegin delete HIV/AIDSend deletebegin insert HIVend insert
40 prevention education in either of these manners, the notice shall
P13   1include the date of the instruction, the name of the organization
2or affiliation of each guest speaker, and information stating the
3right of the parent or guardian to request a copy of this section,
4Section 51933, and Section 51934. If arrangements for this
5instruction are made after the beginning of the school year, notice
6shall be made by mail or another commonly used method of
7notification, no fewer than 14 days before the instruction is
8delivered.

9(3) Include information explaining the parent’s or guardian’s
10right to request a copy of this chapter.

11(4) Advise the parent or guardian that the parent or guardian
12begin delete may request in writing that his or her child not receiveend deletebegin insert has the
13right to excuse their child fromend insert
comprehensive sexual health
14educationbegin delete or HIV/AIDSend deletebegin insert and HIVend insert preventionbegin delete education.end deletebegin insert education
15and that in order to excuse their child they must state their request
16in writing to the school district.end insert

begin delete

17(b)

end delete

18begin insert(c)end insert Notwithstanding Section 51513, anonymous, voluntary, and
19confidential research and evaluation tools to measure pupils’ health
20behaviors and risks, including tests, questionnaires, and surveys
21containing age-appropriate questions about the pupil’s attitudes
22concerning or practices relating tobegin delete sexend deletebegin insert sex,end insert may be administered
23to any pupil in grades 7 to 12,begin delete inclusive, if the parent or guardian
24is notified in writing that this test, questionnaire, or survey is to
25be administered and the pupil’s parent or guardian is given the
26opportunity to review the test, questionnaire, or survey and to
27request in writing that his or her child not participate.end delete
begin insert inclusive. A
28parent or guardian has the right to excuse their child from the test,
29questionnaire, or survey through a passive consent (“opt-out”)
30process. A school district shall not require active parental consent
31(“opt-in”) for these tests, questionnaires, or surveys in grades 7
32to 12, inclusive. Parents or guardians shall be notified in writing
33that this test, questionnaire, or survey is to be administered, given
34the opportunity to review the test, questionnaire, or survey if they
35wish, notified of their right to excuse their child from the test,
36questionnaire, or survey, and informed that in order to excuse
37their child they must state their request in writing to the school
38district.end insert

begin delete

39(c)

end delete

P14   1begin insert(d)end insert The use of outside consultants or guest speakers as described
2in paragraph (2) of subdivisionbegin delete (a)end deletebegin insert (b)end insert is within the discretion of
3the school district.

4begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 51939 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
5read:end insert

6

51939.  

(a) A pupil may not attend any class in comprehensive
7sexualbegin insert healthend insert education orbegin delete HIV/AIDSend deletebegin insert HIVend insert prevention education,
8or participate in any anonymous, voluntary, and confidential test,
9questionnaire, or survey on pupil health behaviors and risks, if the
10school has received a written request from the pupil’s parent or
11guardian excusing the pupil from participation.

12(b) A pupil may not be subject to disciplinary action, academic
13 penalty, or other sanction if the pupil’s parent or guardian declines
14to permit the pupil to receive comprehensive sexual health
15education orbegin delete HIV/AIDSend deletebegin insert HIVend insert prevention education or to participate
16in anonymous, voluntary, and confidential tests, questionnaires,
17or surveys on pupil health behaviors and risks.

18(c) While comprehensive sexual health education,begin delete HIV/AIDSend delete
19begin insert HIVend insert prevention education, or anonymous, voluntary, and
20confidential test, questionnaire, or survey on pupil health behaviors
21and risks is being administered, an alternative educational activity
22shall be made available to pupils whose parents or guardians have
23requested that they not receive the instruction or participate in the
24test, questionnaire, or survey.

25begin insert

begin insertSEC. 16.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.

end insert
begin delete
30

SECTION 1.  

It is the intent of the Legislature to enact
31legislation that would review and update the current sexual health
32education curriculum that is provided to pupils in schools to reflect
33the advances in age-appropriate sexual health instruction, including,
34but not limited to, healthy relationships and dating violence.

end delete


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