BILL NUMBER: AB 329 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY APRIL 13, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
(Coauthor: Assembly Member Cristina Garcia)
FEBRUARY 13, 2015
An act 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)
of Chapter 5.6 of, to amend and renumber the heading of 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, relating
to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 329, Weber. Pupil instruction: sexual health education.
(1) Existing 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.
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.
(2) Existing law provides that these provisions do not apply to
description or illustration of human reproductive organs in certain
textbooks, or to instruction or materials that discuss gender, sexual
orientation, or family life and do not discuss human reproductive
organs and their functions.
This bill would revise the types of textbooks, instructions, and
materials for which those provisions are inapplicable.
(3) This bill would also make conforming changes.
(4) This bill would incorporate additional changes to Section
51938 of the Education Code proposed by AB 517 that would become
operative if this bill and AB 517 are both enacted and this bill is
enacted last.
(5) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 5.6 (commencing with Section
51930) of Part 28 of Division 4 of Title 2 of the Education Code is
amended to read:
CHAPTER 5.6. CALIFORNIA HEALTHY YOUTH ACT
SEC. 2. Section 51930 of the Education Code is amended to read:
51930. (a) This chapter shall be known, and may be cited, as the
California Healthy Youth Act.
(b) The purposes of this chapter are as follows:
(1) To provide pupils with the knowledge and skills necessary to
protect their sexual and reproductive health from HIV and other
sexually transmitted infections and from unintended pregnancy.
(2) To provide pupils with the knowledge and skills they need to
develop healthy attitudes concerning adolescent growth and
development, body image, gender, sexual orientation, relationships,
marriage, and family.
(3) To promote understanding of sexuality as a normal part of
human development.
(4) To ensure pupils receive integrated, comprehensive, accurate,
and unbiased sexual health and HIV prevention instruction and provide
educators with clear tools and guidance to accomplish that end.
(5) To provide pupils with the knowledge and skills necessary to
have healthy, positive, and safe relationships and behaviors.
SEC. 3. Section 51931 of the Education Code is amended to read:
51931. For the purposes of this chapter, the following
definitions apply:
(a) "Age appropriate" refers to topics, messages, and teaching
methods suitable to particular ages or age groups of children and
adolescents, based on developing cognitive, emotional, and behavioral
capacity typical for the age or age group.
(b) "Comprehensive sexual health education" means education
regarding human development and sexuality, including education on
pregnancy, contraception, and sexually transmitted infections.
(c) "English learner" means a pupil as described in subdivision
(a) of Section 306.
(d) "HIV prevention education" means instruction on the nature of
human immunodeficiency virus (HIV) and AIDS, methods of transmission,
strategies to reduce the risk of HIV infection, and social and
public health issues related to HIV and AIDS.
(e) "Instructors trained in the appropriate courses" means
instructors with knowledge of the most recent medically accurate
research on human sexuality, healthy relationships, pregnancy, and
HIV and other sexually transmitted infections.
(f) "Medically accurate" means verified or supported by research
conducted in compliance with scientific methods and published in
peer-reviewed journals, where appropriate, and recognized as accurate
and objective by professional organizations and agencies with
expertise in the relevant field, such as the federal Centers for
Disease Control and Prevention, the American Public Health
Association, the American Academy of Pediatrics, and the American
College of Obstetricians and Gynecologists.
(g) "School district" includes county boards of education, county
superintendents of schools, the California School for the Deaf, and
the California School for the Blind.
SEC. 4. Section 51932 of the Education Code is amended to read:
51932. (a) This chapter does not apply to description or
illustration of human reproductive organs that may appear in a
textbook, adopted pursuant to law, if the textbook does not include
other elements of comprehensive sexual health education or HIV
prevention education as defined in Section 51931.
(b) This chapter does 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.
SEC. 5. The heading of Article 2 (commencing with Section 51933)
of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education
Code is amended to read:
Article 2. Required Comprehensive Sexual Health Education and
HIV Prevention Education
SEC. 6. Section 51933 of the Education Code is amended to read:
51933. All comprehensive sexual health education and HIV
prevention education pursuant to Section 51934, whether taught or
supplemented by school district personnel or by outside consultants
or guest speakers pursuant to Section 51936, shall satisfy all of the
following criteria:
(a) Instruction and materials shall be age appropriate.
(b) All factual information presented shall be medically accurate
and objective.
(c) All instruction and materials shall align with and support the
purposes of this chapter as set forth in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 51930 and may not be in
conflict with them.
(d) (1) Instruction and materials shall be appropriate for use
with pupils of all races, genders, sexual orientations, and ethnic
and cultural backgrounds, pupils with disabilities, and English
learners.
(2) Instruction and materials shall be made available on an equal
basis to a pupil who is an English learner, consistent with the
existing curriculum and alternative options for an English learner
pupil as otherwise provided in this code.
(3) Instruction and materials shall be accessible to pupils with
disabilities, including, but not limited to, the provision of a
modified curriculum, materials and instruction in alternative
formats, and auxiliary aids.
(4) Instruction and materials shall not reflect or promote bias
against any person on the basis of any category protected by Section
220.
(5) Instruction and materials shall affirmatively recognize that
people have different sexual orientations and, when discussing or
providing examples of relationships and couples, shall be inclusive
of same-sex relationships.
(6) Instruction and materials shall teach pupils about gender,
gender expression, gender identity, and explore the harm of negative
gender stereotypes.
(e) Instruction and materials shall encourage a pupil to
communicate with his or her parents, guardians, and other trusted
adults about human sexuality and provide the knowledge and skills
necessary to do so.
(f) Instruction and materials shall teach the value of and prepare
pupils to have and maintain committed relationships such as
marriage.
(g) Instruction and materials shall provide pupils with knowledge
and skills they need to form healthy relationships that are based on
mutual respect and affection, and are free from violence, coercion,
and intimidation.
(h) Instruction and materials shall provide pupils with knowledge
and skills for making and implementing healthy decisions about
sexuality, including negotiation and refusal skills to assist pupils
in overcoming peer pressure and using effective decisionmaking skills
to avoid high-risk activities.
(i) Instruction and materials may not teach or promote religious
doctrine.
SEC. 7. 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 is repealed.
SEC. 8. Section 51934 of the Education Code is amended to read:
51934. (a) Each school district shall ensure that all pupils in
grades 7 to 12, inclusive, receive comprehensive sexual health
education and HIV prevention education from instructors trained in
the appropriate courses. Each pupil shall receive this instruction at
least once in junior high or middle school and at least once in high
school. This instruction shall include all of the following:
(1) Information on the nature of HIV, as well as other sexually
transmitted infections, and their effects on the human body.
(2) Information on the manner in which HIV and other sexually
transmitted infections are and are not transmitted, including
information on the relative risk of infection according to specific
behaviors, including sexual activities and injection drug use.
(3) Information that abstinence from sexual activity and injection
drug use is the only certain way to prevent HIV and other sexually
transmitted infections and abstinence from sexual intercourse is the
only certain way to prevent unintended pregnancy. Instruction shall
provide information about the value of delaying sexual activity while
also providing medically accurate information on other methods of
preventing HIV and other sexually transmitted infections and
pregnancy.
(4) Information about the effectiveness and safety of all federal
Food and Drug Administration (FDA) approved methods that prevent or
reduce the risk of contracting HIV and other sexually transmitted
infections, including use of antiretroviral medication, consistent
with the federal Centers for Disease Control and Prevention.
(5) Information about the effectiveness and safety of reducing the
risk of HIV transmission as a result of injection drug use by
decreasing needle use and needle sharing.
(6) Information about the treatment of HIV and other sexually
transmitted infections, including how antiretroviral therapy can
dramatically prolong the lives of many people living with HIV and
reduce the likelihood of transmitting HIV to others.
(7) Discussion about social views on HIV and AIDS, including
addressing unfounded stereotypes and myths regarding HIV and AIDS and
people living with HIV. This instruction shall emphasize that
successfully treated HIV-positive individuals have a normal life
expectancy, all people are at some risk of contracting HIV, and the
only way to know if one is HIV-positive is to get tested.
(8) Information about local resources, how to access local
resources, and pupils' legal rights to access local resources for
sexual and reproductive health care such as testing and medical care
for HIV and other sexually transmitted infections and pregnancy
prevention and care, as well as local resources for assistance with
sexual assault and intimate partner violence.
(9) Information about the effectiveness and safety of all
FDA-approved contraceptive methods in preventing pregnancy,
including, but not limited to, emergency contraception. Instruction
on pregnancy shall include an objective discussion of all legally
available pregnancy outcomes, including, but not limited to, all of
the following:
(A) Parenting, adoption, and abortion.
(B) Information on the law on surrendering physical custody of a
minor child 72 hours of age or younger, pursuant to Section 1255.7 of
the Health and Safety Code and Section 271.5 of the Penal Code.
(C) The importance of prenatal care.
(10) Information about sexual harassment, sexual assault,
adolescent relationship abuse, intimate partner violence, and sex
trafficking.
(b) A school district may provide comprehensive sexual health
education or HIV prevention education consisting of age-appropriate
instruction earlier than grade 7 using instructors trained in the
appropriate courses. A school district that elects to offer
comprehensive sexual health education or HIV prevention education
earlier than grade 7 may provide age appropriate and medically
accurate information on any of the general topics contained in
paragraphs (1) to (10), inclusive, of subdivision (a).
SEC. 9. The heading of Article 4 (commencing with Section 51935)
of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education
Code is amended and renumbered to read:
Article 3. In-Service Training
SEC. 10. Section 51935 of the Education Code is amended to read:
51935. (a) A school district shall cooperatively plan and conduct
in-service training for all school district personnel that provide
HIV prevention education, through regional planning, joint powers
agreements, or contract services.
(b) In developing and providing in-service training, a school
district shall cooperate and collaborate with the teachers of the
district who provide HIV prevention education and with the
department.
(c) In-service training shall be conducted periodically to enable
school district personnel to learn new developments in the scientific
understanding of HIV. In-service training shall be voluntary for
school district personnel who have demonstrated expertise or received
in-service training from the department or federal Centers for
Disease Control and Prevention.
(d) A school district may expand HIV in-service training to cover
the topic of comprehensive sexual health education in order for
school district personnel who provide comprehensive sexual health
education to learn new developments in the scientific understanding
of sexual health.
SEC. 11. Section 51936 of the Education Code is amended to read:
51936. School districts may contract with outside consultants or
guest speakers, including those who have developed multilingual
curricula or curricula accessible to persons with disabilities, to
deliver comprehensive sexual health education and HIV prevention
education or to provide training for school district personnel. All
outside consultants and guest speakers shall have expertise in
comprehensive sexual health education and HIV prevention education
and have knowledge of the most recent medically accurate research on
the relevant topic or topics covered in their instruction.
SEC. 12. The heading of Article 5 (commencing with Section 51937)
of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education
Code is amended and renumbered to read:
Article 4. Notice and Parental Excuse
SEC. 13. Section 51937 of the Education Code is amended to read:
51937. It is the intent of the Legislature to encourage pupils to
communicate with their parents or guardians about human sexuality
and HIV and to respect the rights of parents or guardians to
supervise their children's education on these subjects. The
Legislature intends to create a streamlined process to make it easier
for parents and guardians to review materials and evaluation tools
related to comprehensive sexual health education and HIV prevention
education, and, if they wish, to excuse their children from
participation in all or part of that instruction or evaluation. The
Legislature recognizes that while parents and guardians
overwhelmingly support medically accurate, comprehensive sex
education, parents and guardians have the ultimate responsibility for
imparting values regarding human sexuality to their children.
SEC. 14. Section 51938 of the Education Code is amended to read:
51938. (a) A parent or guardian of a pupil has the right to
excuse their child from all or part of comprehensive sexual health
education, HIV prevention education, and assessments related to that
education through a passive consent ("opt-out") process. A school
district shall not require active parental consent ("opt-in") for
comprehensive sexual health education and HIV prevention education.
(b) 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 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 prevention education are available for inspection.
(2) Advise the parent or guardian whether the comprehensive sexual
health education or HIV prevention education will be taught by
school district personnel or by outside consultants. A school
district may provide comprehensive sexual health education or HIV
prevention education, to be taught by outside consultants, and may
hold an assembly to deliver comprehensive sexual health education or
HIV prevention education by guest speakers, but if it elects to
provide comprehensive sexual health education or HIV 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 has
the right to excuse their child from comprehensive sexual health
education and HIV prevention education and that in order to excuse
their child they must state their request in writing to the school
district.
(c) 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. A parent or guardian has the
right to excuse their child from the test, questionnaire, or survey
through a passive consent ("opt-out") process. A school district
shall not require active parental consent ("opt-in") for these tests,
questionnaires, or surveys in grades 7 to 12, inclusive. Parents or
guardians shall be notified in writing that this test, questionnaire,
or survey is to be administered, given the opportunity to review the
test, questionnaire, or survey if they wish, notified of their right
to excuse their child from the test, questionnaire, or survey, and
informed that in order to excuse their child they must state their
request in writing to the school district.
(d) The use of outside consultants or guest speakers as described
in paragraph (2) of subdivision (b) is within the discretion of the
school district.
SEC. 14.5. Section 51938 of the Education Code is amended to read:
51938. (a) A parent or guardian of a pupil has the right to
excuse his or her child from all or part of comprehensive sexual
health education, HIV prevention education, and assessments related
to that education through a passive consent ("opt-out") process. A
school district shall not require active parental consent ("opt-in")
for comprehensive sexual health education and HIV prevention
education.
(b) 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 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 prevention education are available for inspection and that
during this inspection a parent or guardian may make copies at the
parent's or guardian's pupil's school of any written educational
material that will be distributed to pupils, if it is not copyrighted
and has been or will be presented by an outside consultant or guest
speaker.
(2) Advise the parent or guardian whether the comprehensive sexual
health education or HIV prevention education will be taught by
school district personnel or by outside consultants. A school
district may provide comprehensive sexual health education or HIV
prevention education, to be taught by outside consultants, or may
hold an assembly to deliver comprehensive sexual health education or
HIV prevention education by guest speakers, but if the school
district elects to provide comprehensive sexual health education or
HIV 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 outside consultant and guest speaker, the
training in comprehensive sexual health education and HIV prevention
education of each outside consultant and 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 has
the right to excuse their child from comprehensive sexual health
education and HIV prevention education and that in order to excuse
their child they must state their request in writing to the school
district.
(c) A school district shall allow a pupil's parent or guardian to
inspect any written or audiovisual educational material used in
comprehensive sexual health education and HIV prevention education. A
parent or guardian may, during inspection, make copies at the parent'
s or guardian's pupil's school of any written educational material
that will be distributed to pupils, if it is not copyrighted and has
been or will be presented by an outside consultant or guest speaker.
If a parent or guardian elects to make copies, the school may charge
up to ten cents ($0.10) per page.
(d) 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. A parent or guardian has the
right to excuse their child from the test, questionnaire, or survey
through a passive consent ("opt-out") process. A school district
shall not require active parental consent ("opt-in") for these tests,
questionnaires, or surveys in grades 7 to 12, inclusive. Parents or
guardians shall be notified in writing that this test, questionnaire,
or survey is to be administered, given the opportunity to review the
test, questionnaire, or survey if they wish, notified of their right
to excuse their child from the test, questionnaire, or survey, and
informed that in order to excuse their child they must state their
request in writing to the school district.
(e) The use of outside consultants or guest speakers as described
in paragraph (2) of subdivision (b) is within the discretion of the
school district.
SEC. 15. Section 51939 of the Education Code is amended to read:
51939. (a) A pupil may not attend any class in comprehensive
sexual health education or HIV prevention education, or participate
in any anonymous, voluntary, and confidential test, questionnaire, or
survey on pupil health behaviors and risks, if the school has
received a written request from the pupil's parent or guardian
excusing the pupil from participation.
(b) A pupil may not be subject to disciplinary action, academic
penalty, or other sanction if the pupil's parent or guardian declines
to permit the pupil to receive comprehensive sexual health education
or HIV prevention education or to participate in anonymous,
voluntary, and confidential tests, questionnaires, or surveys on
pupil health behaviors and risks.
(c) While comprehensive sexual health education, HIV prevention
education, or anonymous, voluntary, and confidential test,
questionnaire, or survey on pupil health behaviors and risks is being
administered, an alternative educational activity shall be made
available to pupils whose parents or guardians have requested that
they not receive the instruction or participate in the test,
questionnaire, or survey.
SEC. 16. Section 14.5 of this bill incorporates amendments to
Section 51938 of the Education Code proposed by both this bill and
Assembly Bill 517. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 51938 of the Education Code, and (3) this
bill is enacted after Assembly Bill 517, in which case Section 14 of
this bill shall not become operative.
SEC. 17. 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.