California Legislature—2015–16 Regular Session

Assembly Bill No. 827

Introduced by Assembly Member O'Donnell

February 26, 2015

An act to amend Section 51933 of the Education Code, relating to public school curriculum.

LEGISLATIVE COUNSEL’S DIGEST

AB 827, as introduced, O'Donnell. Public school curriculum: sexual health education.

Existing law authorizes school districts to provide comprehensive sexual health education, consisting of age-appropriate instruction, in kindergarten and grades 1 to 12, inclusive, using instructors trained in the appropriate courses. Existing law specifies criteria that a school district that elects to offer comprehensive sexual health education is required to satisfy, including providing information on local resources for testing and medical care for sexually transmitted diseases.

This bill would require a school district that elects to offer comprehensive sexual health education to also provide information on local resources for counseling for sexuality transmitted diseases.

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

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

SECTION 1.  

Section 51933 of the Education Code is amended
to read:

51933.  

(a) School districts may provide comprehensive sexual
health education, consisting of age-appropriate instruction, in begin delete any end delete
kindergarten begin delete to grade end delete begin insert and grades 1 to end insert 12, inclusive, using
instructors trained in the appropriate courses.

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

(1) Instruction and materials shall be age appropriate.

(2) All factual information presented shall be medically accurate
and objective.

(3) Instruction 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.

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

(5) 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.

(6) Instruction and materials shall encourage a pupil to
communicate with his or her parents or guardians about human
sexuality.

(7) Instruction and materials shall teach respect for marriage
and committed relationships.

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

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

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

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

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

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

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

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

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