BILL NUMBER: SB 1471 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 21, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN SENATE APRIL 6, 2006
INTRODUCED BY Senator Kuehl
FEBRUARY 23, 2006
An act to add Division 120 (commencing with Section 151000) to the
Health and Safety Code, relating to sex education funding.
LEGISLATIVE COUNSEL'S DIGEST
SB 1471, as amended, Kuehl Sex education programs: requirements.
Existing law establishes requirements for the provision of sex
education.
The existing California Comprehensive Sexual Health and HIV/AIDS
Prevention Education Act, authorizes school districts to provide
comprehensive sexual health education, as defined, in any
kindergarten to grade 12, inclusive, and ensures that all pupils in
grades 7 to 12, inclusive, receive HIV/AIDS prevention education, as
defined.
Existing law enumerates various requirements for comprehensive
sexual health education and HIV/AIDS prevention education. Existing
law requires a school district to notify the parent or guardian of a
pupil about instruction in comprehensive sexual health education and
HIV/AIDS prevention and empowers a parent or guardian to excuse his
or her pupil from all or part of that instruction.
This bill would enact the California Community Sexual Health
Education Act, which would require any program that provides
education to prevent adolescent or unintended pregnancy or to prevent
sexually transmitted infections and that is conducted, operated, or
administered by the state or any state agency, or is funded directly
or indirectly by the state, or receives any financial assistance from
the state funds or funds administered by the state, including, but
not limited to, public schools, to meet specified requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature intends both of the following:
(a) This act shall not apply retroactively to any grant that has
been funded pursuant to a contract that is entered into before
January 1, 2007.
(b) Monitoring of compliance with this act shall be integrated
into the current monitoring and compliance procedures for grants.
SEC. 2. Division 120 (commencing with Section 151000) is added to
the Health and Safety Code, to read:
DIVISION 120. CALIFORNIA COMMUNITY SEXUAL HEALTH EDUCATION
ACT
151000. This division shall be known and may be cited as the
California Community Sexual Health Education Act.
151001. For purposes of this division, the following definitions
shall 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) A "single session" program means a single presentation or
contact designed to provide awareness and information about
preventing pregnancy, or sexually transmitted diseases. It includes
outreach activities in which educators, outreach workers, or youth
peer educators provide oral or written information to individuals
during a single encounter.
(c) A "multiple session" program means instruction or an
informational presentation about preventing pregnancy or sexually
transmitted diseases that is provided to the same audience over more
than one session.
(d) "Medically accurate" means verified or supported by research
conducted in compliance with scientific methods and published in peer
review journals, where appropriate, and recognized as accurate and
objective by professional organizations and agencies with expertise
in the relevant field, including, but not limited to, the federal
Centers for Disease Control and Prevention, the American Public
Health Association, the Society for Adolescent Medicine, the American
Academy of Pediatrics, and the American College of Obstetricians and
Gynecologists.
151002. (a) Any program that provides instruction or information
to prevent adolescent or unintended pregnancy, or to prevent sexually
transmitted diseases, including HIV, that is conducted, operated, or
administered by any state agency or is funded directly or indirectly
by the state, or receives any financial assistance from state funds
or funds administered by a state agency, shall satisfy all of the
following requirements:
(1) All information shall be medically accurate, current, and
objective.
(2) Individuals providing instruction or information on pregnancy,
sexuality, and sexually transmitted diseases shall know and use the
most current scientific data on human sexuality, human development,
pregnancy, and sexually transmitted diseases.
(3) The program content shall be age appropriate for its targeted
population.
(4) The program shall not teach or promote religious doctrine.
(5) The program shall be culturally and linguistically appropriate
for its targeted populations.
(6) The program shall not reflect or promote bias against any
person on the basis of disability, gender, nationality, race or
ethnicity, religion, or sexual orientation, as defined in Section
422.56 of the Penal Code.
(b) If the program consists of instruction or information that is
delivered in a single session to persons age 12 years and over, it
shall satisfy all of the criteria in subdivision (a) and shall also
satisfy the following conditions:
(1) If the program is directed towards minors and addresses
sexually transmitted diseases, it shall include information that the
only certain way to prevent sexually transmitted diseases is to
abstain from activities that have been proven to transmit sexually
transmitted diseases.
(2) If the program is directed toward minors and addresses
pregnancy prevention, it shall include information that the only
certain way to prevent unintended pregnancy is to abstain from sexual
intercourse.
(3) If the program addresses sexually transmitted diseases, the
program shall provide information about the effectiveness and safety
of one or more drugs or devices approved by the federal Food and Drug
Administration for reducing the risk of contracting sexually
transmitted diseases.
(4) If the program addresses pregnancy prevention, it shall
provide information about the effectiveness and safety of one or more
drugs or devices approved by the federal Food and Drug
Administration for preventing pregnancy.
(c) If the program consists of instruction or information that is
delivered in multiple sessions to persons 12 years of age
and over, it shall satisfy all of the criteria in subdivision (a) and
paragraphs (1) and (2) of subdivision (b), and shall also satisfy
the following conditions:
(1) The program shall provide information about skills for
refusing unwanted sexual activity and communicating with sexual
partners.
(2) The program shall provide information about the effectiveness
and safety of all drugs and devices approved by the federal Food and
Drug Administration for reducing the risk of contracting sexually
transmitted diseases, and information on local resources for testing
and treatment of sexually transmitted diseases.
(3) lf the program addresses pregnancy prevention, it shall
provide information about the effectiveness and safety of all drugs
and devices approved by the federal Food and Drug Administration for
preventing pregnancy, including, but not limited to, emergency
contraception.
(d) If the program consists of instruction or information that is
delivered in a single session or in multiple sessions to persons
under age 12 years, it shall satisfy all of the criteria in
subdivision (a) and may provide age appropriate and medically
accurate information on any of the topics referred to in paragraphs
(1) to (4), inclusive, of subdivision (b) and paragraphs (1) to (3),
inclusive, of subdivision (c).
(e) As a condition of receiving state funds or state-administered
funds for any program or activity described in subdivisions (a), (b),
(c), and (d), a nongovernmental agent applicant
an applicant, with the exception of publicly funded schools
receiving only general education funds to provide comprehensive
sexual health instruction or HIV/AIDS prevention instruction,
shall attest in writing that its program complies with all conditions
of funding, including those enumerated in this section. If the
program is conducted at a publicly funded school, including charter
schools, the applicant shall, notwithstanding Section 47610 of the
Education Code, indicate in writing how the program fits in with the
school's plan to comply fully with the requirements of the California
Comprehensive Sexual Health and HIV/AIDS Prevention Education Act,
Chapter 5.6 (commencing with Section 51930) of the Education Code.
(f) If the agency knows or should have known that a grantee is not
in compliance with this section, the agency shall terminate the
contract or take other appropriate action.
(g) Nothing in this section shall be construed to limit the
requirements of the California Comprehensive Sexual Health and
HIV/AIDS Prevention Education Act, Chapter 5.6 (commencing with
Section 51930) of the Education Code.
(h) Nothing in this section shall apply to one-on-one interactions
between a health practitioner and his or her patient in a clinical
setting.
(i) This section shall not apply to programs funded pursuant to
contracts entered into before January 1, 2007.