Amended in Senate September 4, 2015

Amended in Senate August 17, 2015

Amended in Assembly May 6, 2015

Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 517


Introduced by Assembly Member Gallagher

February 23, 2015


An act to amend Section 51938 of the Education Code, relating to sexual health education.

LEGISLATIVE COUNSEL’S DIGEST

AB 517, as amended, Gallagher. The California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act: educational materials.

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. Existing law requires each school district to notify parents and guardians about its plan to provide this instruction for the upcoming year and to inform them, among other things, that written and audiovisual educational materials used in this instruction are available for inspection and of the name of the organization or affiliation of any guest speaker.

This bill would require a school district tobegin delete provide a parent or guardian with ample timeend deletebegin insert allow a pupil’s parent or guardianend insert to inspect any written or audiovisual educational material used in comprehensive sexual health education and HIV/AIDS prevention education and would authorize a parent or guardian to make copies of any written educational material that will be distributed to students, if it is not copyrighted and has been or will be presented by an outside consultant or guest speaker. The bill would authorize a school to charge up to $0.10 per page if a parent or guardian elects to make copies of this written educational material. The bill would also require a school district to inform parents and guardians of their right to make these copies and of the training in comprehensive sexual health education and HIV/AIDS prevention education of each outside consultant or guest speaker providing this instruction. Because the bill would require local educational agencies to perform additional duties, the bill would impose a state-mandated local program.

begin insert(2) This bill would incorporate additional changes to Section 51938 of the Education Code proposed by AB 329 that would become operative if this bill and AB 329 are both enacted and this bill is enacted last.end insert

begin delete

The

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begin insert(3)end insertbegin insertend insertbegin insertTheend insert 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 51938 of the Education Code is amended
2to read:

3

51938.  

A parent or guardian of a pupil has the right to excuse
4his or her child from all or part of comprehensive sexual health
5education, HIV/AIDS prevention education, and assessments
6related to that education, as follows:

P3    1(a) At the beginning of each school year, or, for a pupil who
2enrolls in a school after the beginning of the school year, at the
3time of that pupil’s enrollment, each school district shall notify
4the parent or guardian of each pupil about instruction in
5comprehensive sexual health education and HIV/AIDS prevention
6education and research on pupil health behaviors and risks planned
7for the coming year. The notice shall do all of the following:

8(1) Advise the parent or guardian that written and audiovisual
9educational materials used in comprehensive sexual health
10education and HIV/AIDS prevention education are available for
11inspection and that during this inspection a parent or guardian may
12make copies at the parent’s or guardian’s pupil’s school of any
13written educational material that will be distributed to begin deletestudents,end delete
14begin insert pupils,end insert if it is not copyrighted and has been or will be presented
15by an outside consultant or guest speaker.

16(2) Advise the parent or guardian whether the comprehensive
17sexual health education or HIV/AIDS prevention education will
18be taught by school district personnel or by outside consultants.
19A school district may provide comprehensive sexual health
20education or HIV/AIDS prevention education, to be taught by
21outside consultants, or may hold an assembly to deliver
22comprehensive sexual health education or HIV/AIDS prevention
23education by guest speakers, but if the school district elects to
24provide comprehensive sexual health education or HIV/AIDS
25prevention education in either of these manners, the notice shall
26include the date of the instruction, the name of the organization
27or affiliation of each outside consultant and guest speaker, the
28training in comprehensive sexual health education and HIV/AIDS
29prevention education of each outside consultant and guest speaker,
30and information stating the right of the parent or guardian to request
31a copy of this section, Section 51933, and Section 51934. If
32arrangements for this instruction are made after the beginning of
33the school year, notice shall be made by mail or another commonly
34used method of notification, no fewer than 14 days before the
35instruction is delivered.

36(3) Include information explaining the parent’s or guardian’s
37right to request a copy of this chapter.

38(4) Advise the parent or guardian that the parent or guardian
39may request in writing that his or her child not receive
P4    1comprehensive sexual health education or HIV/AIDS prevention
2education.

3(b) A school district shallbegin delete provide a parent or guardian, upon
4request, ample timeend delete
begin insert allow a pupil’s parent or guardianend insert to inspect
5any written or audiovisual educational material used in
6comprehensive sexual health education and HIV/AIDS prevention
7education. A parent or guardian may, during inspection, make
8copies at the parent’s or guardian’s pupil’s school of any written
9educational material that will be distributed tobegin delete students,end deletebegin insert pupils,end insert if
10it is not copyrighted and has been or will be presented by an outside
11consultant or guest speaker. If a parent or guardian elects to make
12copies, the school may charge up to ten cents ($0.10) per page.

13(c) Notwithstanding Section 51513, anonymous, voluntary, and
14confidential research and evaluation tools to measure pupils’ health
15behaviors and risks, including tests, questionnaires, and surveys
16containing age-appropriate questions about the pupil’s attitudes
17concerning or practices relating to sex may be administered to any
18pupil in grades 7 to 12, inclusive, if the parent or guardian is
19notified in writing that this test, questionnaire, or survey is to be
20administered and the pupil’s parent or guardian is given the
21opportunity to review the test, questionnaire, or survey and to
22request in writing that his or her child not participate.

23(d) The use of outside consultants or guest speakers as described
24in paragraph (2) of subdivision (a) is within the discretion of the
25school district.

26begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 51938 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
27read:end insert

28

51938.  

begin insert(a)end insertbegin insertend insertA parent or guardian of a pupil has the right to
29excusebegin delete theirend deletebegin insert his or herend insert child from all or part of comprehensive
30sexual health education,begin delete HIV/AIDSend deletebegin insert HIVend insert prevention education,
31and assessments related to thatbegin delete education, as follows:end deletebegin insert education
32through a passive consent (“opt-outend insert
begin insert”) process. A school district
33shall not require active parental consent (“opt-in”) for
34comprehensive sexual health education and HIV prevention
35education.end insert

begin delete

36(a)

end delete

37begin insert(b)end insert At the beginning of each school year, or, for a pupil who
38enrolls in a school after the beginning of the school year, at the
39time of that pupil’s enrollment, each school district shall notify
40the parent or guardian of each pupil about instruction in
P5    1comprehensive sexual health education andbegin delete HIV/AIDSend deletebegin insert HIVend insert
2 prevention education and research on pupil health behaviors and
3risks planned for the coming year. The notice shall do all of the
4following:

5(1) Advise the parent or guardian that written and audiovisual
6educational materials used in comprehensive sexual health
7education andbegin delete HIV/AIDSend deletebegin insert HIVend insert prevention education are available
8forbegin delete inspection.end deletebegin insert inspection and that during this inspection a parent
9or guardian may make copies at the parent’s or guardian’s pupil’s
10school of any written educational material that will be distributed
11to pupils, if it is not copyrighted and has been or will be presented
12by an outside consultant or guest speaker.end insert

13(2) Advise the parent or guardian whether the comprehensive
14sexual health education orbegin delete HIV/AIDSend deletebegin insert HIVend insert prevention education
15will be taught by school district personnel or by outside consultants.
16A school district may provide comprehensive sexual health
17education orbegin delete HIV/AIDSend deletebegin insert HIVend insert prevention education, to be taught
18by outside consultants,begin delete andend deletebegin insert orend insert may hold an assembly to deliver
19comprehensive sexual health education orbegin delete HIV/AIDSend deletebegin insert HIVend insert
20 prevention education by guest speakers, but ifbegin delete itend deletebegin insert the school districtend insert
21 elects to provide comprehensive sexual health education or
22begin delete HIV/AIDSend deletebegin insert HIVend insert prevention education in either of these manners,
23the notice shall include the date of the instruction, the name of the
24organization or affiliation of eachbegin delete guest speaker, andend deletebegin insert outside
25consultant and guest speaker, the training in comprehensive sexual
26health education and HIV prevention education of each outside
27consultant and guest speaker, andend insert
information stating the right of
28the parent or guardian to request a copy of this section, Section
2951933, and Section 51934. If arrangements for this instruction are
30made after the beginning of the school year, notice shall be made
31by mail or another commonly used method of notification, no
32fewer than 14 days before the instruction is delivered.

33(3) Include information explaining the parent’s or guardian’s
34right to request a copy of this chapter.

35(4) Advise the parent or guardian that the parent or guardian
36begin delete may request in writingend deletebegin deletethat his or her child not receiveend deletebegin insert has the
37right to excuse their child fromend insert
comprehensive sexual health
38educationbegin delete or HIV/AIDSend deletebegin deleteprevention educationend deletebegin insert and HIV prevention
39education and that in order to excuse their child they must state
40their request in writing to the school districtend insert
.

begin insert

P6    1(c)  A school district shall allow a pupil’s parent or guardian
2to inspect any written or audiovisual educational material used
3in comprehensive sexual health education and HIV prevention
4education. A parent or guardian may, during inspection, make
5copies at the parent’s or guardian’s pupil’s school of any written
6educational material that will be distributed to pupils, if it is not
7copyrighted and has been or will be presented by an outside
8consultant or guest speaker. If a parent or guardian elects to make
9copies, the school may charge up to ten cents ($0.10) per page.

end insert
begin delete

10(b)

end delete

11begin insert(d)end insert Notwithstanding Section 51513, anonymous, voluntary, and
12confidential research and evaluation tools to measure pupils’ health
13behaviors and risks, including tests, questionnaires, and surveys
14containing age-appropriate questions about the pupil’s attitudes
15concerning or practices relating tobegin delete sexend deletebegin insert sex,end insert may be administered
16to any pupil in grades 7 to 12,begin delete inclusive, if the parent or guardian
17is notified in writing that this test, questionnaire, or survey is to
18be administered and the pupil’s parent or guardian is given the
19opportunity to review the test, questionnaire, or survey and to
20request in writing that his or her child not participateend delete
begin insert inclusive. A
21parent or guardian has the right to excuse their child from the test,
22questionnaire, or survey through a passive consent (“end insert
begin insertopt-out”)
23process. A school district shall not require active parental consent
24(“opt-in”) for these tests, questionnaires, or surveys in grades 7
25to 12, inclusive. Parents or guardians shall be notified in writing
26that this test, questionnaire, or survey is to be administered, given
27the opportunity to review the test, questionnaire, or survey if they
28wish, notified of their right to excuse their child from the test,
29questionnaire, or survey, and informed that in order to excuse
30their child they must state their request in writing to the school
31districtend insert
.

begin delete

32(c)

end delete
begin insert

33 (e) The use of outside consultants or guest speakers as
34described in paragraph (2) of subdivision (b) is within the
35discretion of the school district.

end insert
36begin insert

begin insertSEC. 2.end insert  

end insert

begin insert Section 1.5 of this bill incorporates amendments to
37Section 51938 of the Education Code proposed by both this bill
38and Assembly Bill 329. It shall only become operative if (1) both
39bills are enacted and become effective on or before January 1,
402016, (2) each bill amends Section 51938 of the Education Code,
P7    1and (3) this bill is enacted after Assembly Bill 329, in which case
2Section 1 of this bill shall not become operative.end insert

3

begin deleteSEC. 2.end delete
4begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution for certain
6costs that may be incurred by a local agency or school district
7because, in that regard, a local agency or school district has the
8authority to levy service charges, fees, or assessments that may be
9sufficient to pay for the program or level of service mandated by
10this act, within the meaning of Section 17556 of the Government
11Code.

12However, if the Commission on State Mandates determines that
13this act contains other costs mandated by the state, reimbursement
14to local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.



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