BILL ANALYSIS Ó
AB 517
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ASSEMBLY THIRD READING
AB
517 (Gallagher)
As Amended May 6, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Education |7-0 |O'Donnell, Chávez, | |
| | |Kim, McCarty, | |
| | |Santiago, Thurmond, | |
| | |Weber | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |15-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Eggman, Gallagher, | |
| | |Eduardo Garcia, | |
| | |Holden, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: This bill requires that parents be provided ample time
to review materials used by outside consultants and guest speakers
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in comprehensive sexual health and human immunodeficiency virus
infection/acquired immune deficiency syndrome (HIV/AIDS)
prevention education, be given the opportunity to make copies of
non-copyrighted materials, and be notified of the training of
outside consultants and guest speakers to instruct on these
topics. Specifically, this bill:
1)Requires that parents be provided ample time to inspect
materials used in comprehensive sexual health education and
HIV/AIDS prevention education.
2)Requires that parents be given the opportunity, during this
inspection, to make copies of any non-copyrighted written
materials used by outside consultants or guest speakers.
3)Requires that parents be notified of the training of outside
consultants and guest speakers to instruct in the area of
comprehensive sexual health education and HIV/AIDS prevention
education.
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.
2)Requires school districts to provide HIV/AIDS prevention
education, and specifies what is to be included in that
instruction.
3)Requires that school districts, at the beginning of each school
year, notify parents about instruction in comprehensive sexual
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health education and HIV/AIDS prevention education which is
planned for the coming year. The notice must:
a) Advise the parent or guardian that written and audiovisual
educational materials used in comprehensive sexual health
education and HIV/AIDS prevention education are available for
inspection.
b) Advise the parent or guardian whether the comprehensive
sexual health education or HIV/AIDS prevention education will
be taught by school district personnel or by outside
consultants.
c) Provide information on outside consultants and guest
speakers, including the date of the instruction, the name of
the organization or affiliation of each guest speaker.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, unknown Proposition 98/General Fund state mandated
reimbursable costs, likely in the low tens of thousands, to
provide copies of materials to parents upon request. There are
9,919 schools in California that would be subject to the
requirements of this bill. Actual costs will depend on nature of
claims submitted by school districts. The Commission on State
Mandates determined existing law related to comprehensive sexual
education instruction constituted a reimbursable mandate. The
state has also included this mandate in the K-12 Mandate Block
Grant. If the Commission on State Mandates determines these
requirements impose a higher level of service, this could pressure
the Legislature to increase funding under the K-12 Mandate Block
Grant.
COMMENTS:
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Bill history. A prior version of this bill failed passage in the
Assembly Education Committee and was granted reconsideration. It
was then substantially amended and subsequently approved.
Outside consultants and guest speakers must follow same
requirements as teachers. Current law requires outside
consultants to abide by the same instructional requirements as
teachers. Among many requirements, this 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.
What are the qualifications of outside consultants and speakers?
While current law places requirements on the instruction provided
by outside speakers and speakers at assemblies, it is silent with
respect to their qualifications to provide this instruction. In
order to help parents make informed decisions, this bill would
provide information to parents on the training these consultants
and speakers have received to instruct students on the topics of
sexual health and HIV/AIDS prevention.
Analysis Prepared by:
Tanya Lieberman / ED. / (916) 319-2087 FN:
0000481
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