BILL ANALYSIS Ó
AB 329
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
329 (Weber)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: | | (June 2, |SENATE: | | (September 10, |
| |51-25 |2015) | |26-14 |2015) |
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Original Committee Reference: ED.
SUMMARY: Makes instruction in sexual health education
mandatory, revises human immunodeficiency virus (HIV) prevention
education content, expands topics covered in sexual health
education, requires this instruction to be inclusive of
different sexual orientations, and clarifies parental consent
policy.
The Senate amendments:
1)Delete a requirement to provide in-service training on
comprehensive sexual health education in addition to HIV
prevention education, and state instead that 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 this instruction to learn new
developments in the scientific understanding of sexual health.
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2)State that the requirements of the California Healthy Youth
Act do not apply to descriptions or illustrations of human
reproductive organs in textbooks if the textbooks do not
include other elements of comprehensive sexual health
education or HIV prevention education. This would replace a
requirement in current law that applies only to textbooks in
specific disciplines (physiology, biology, zoology, general
science, personal hygiene, and health).
3)Add chaptering out provisions.
EXISTING LAW:
1)Permits school districts to provide comprehensive sexual
health education, and places a number of requirements on
districts choosing to provide that instruction. Among, these
requirements, instruction must be age appropriate, medically
accurate and objective, teach respect for committed
relationships and marriage, encourage students to speak with
their parents or guardians about human sexuality, be
appropriate and accessible for use with students with
disabilities, and be appropriate for students of all races,
genders, sexual orientations, and ethnic and cultural
backgrounds.
2)Requires school districts to provide HIV/Acquired Immune
Deficiency Syndrome (AIDS) prevention education, and specifies
what is to be included in that instruction. Requires
in-service training of instructors providing HIV/AIDS
prevention education.
3)Permits instruction to be provided by outside consultants and
guest speakers at assemblies and requires that this
instruction conform to the requirements for school district
instruction.
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4)States that a parent or guardian of a student has the right to
excuse their child from all or part of comprehensive sexual
health education, HIV/AIDS prevention education, and related
assessments, and requires that parents be notified of this
right.
FISCAL EFFECT: According to the Senate Appropriations
Committee, unknown, but costs likely at least in the low
millions (Proposition 98 of 1988) to expand the existing
mandate. Costs are minor and absorbable to the California
Department of Education. This bill expands what school
districts are able to claim as a reimbursable state mandate
under the existing mandate, regardless of whether this
instruction is already being provided. It also requires school
districts to incorporate new components in their comprehensive
sexual health and HIV prevention education programs, or create a
comprehensive sexual health program if they do not offer one
already. Costs would vary by school district.
COMMENTS:
Purposes of this bill. The author explains that this bill is
intended to address five topics by:
1)Updating the HIV and AIDS prevention education to reflect
today's understanding of HIV and AIDS.
2)Ensuring that students are receiving comprehensive and
accurate prevention information for HIV, other sexually
transmitted infections, and unintended pregnancy, as well as
information about local health resources.
3)Clarifying and bolstering existing requirements that
instruction and materials be appropriate for students of all
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sexual orientations and genders.
4)Clarifying the existing passive consent policy for parental
consent.
5)Including new language relating to adolescent relationship
abuse and sex trafficking, and reinforcing a focus on healthy
attitudes, healthy behaviors, and healthy relationships.
Making comprehensive sexual health education mandatory. Current
law does not mandate sexual health education, but places
requirements on instruction that is voluntarily provided to
students. While this instruction is voluntary, research has
shown that nearly all (96%) school districts offer a program of
sexual health education. In contrast, HIV/AIDS prevention
education has been mandated since 1992. This bill proposes to
combine sexual health education and the HIV/AIDS prevention
education statutes into a single, mandatory program of
instruction. Proponents of this bill argue that this bill
reflects the way that sexual health and HIV prevention education
is actually provided in schools - as an integrated program of
instruction. Research has found that 93% of schools teach the
two topics as one class.
Compliance problems. A 2011 report from the University of
California, San Francisco, titled Uneven Progress: Sex Education
in California Schools, found that since the last major reform in
this area there have been improvements in instruction, but that
there remain problems regarding school district compliance with
current law. Among the findings:
1)Twenty-five percent of districts discussed the required topic
of emergency contraception.
2)Fifty-eight percent of districts included required information
about contraception in middle and high school.
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3)Twenty-five percent of districts omitted required HIV
prevention topics.
4)Sixteen percent of districts taught students that condoms are
not an effective way to prevent pregnancy and transmission of
STIs.
5)Nineteen percent of districts reported that birth control
methods are mentioned but that most of the instructional time
was spent on the benefits of abstinence.
6)Thirty percent of districts addressed sexual orientation.
7)Thirty-seven percent of districts did not provide required
teacher training.
8)Thirty-nine percent of districts failed to provide required
materials in languages other than English.
9)Twenty-seven percent of districts failed to provide required
materials to make content accessible to students with
disabilities.
CDE changing its interpretation of parental consent law.
Contrary to significant Legislative history on this issue, the
CDE has advised school districts that the law permits them to
adopt an "opt in" policy regarding comprehensive sexual health
instruction (but not HIV/AIDS prevention education). The CDE
has recently informed staff that it is in the process of
changing this interpretation, and will be advising that "opt in"
policies are prohibited.
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Analysis Prepared by:
Tanya Lieberman / ED. / (916) 319-2087 FN:
0002254