BILL NUMBER: SB 71	CHAPTERED
	BILL TEXT

	CHAPTER  650
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2003
	APPROVED BY GOVERNOR  OCTOBER 1, 2003
	PASSED THE SENATE  SEPTEMBER 11, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2003
	AMENDED IN ASSEMBLY  JUNE 19, 2003
	AMENDED IN SENATE  JUNE 2, 2003
	AMENDED IN SENATE  APRIL 22, 2003
	AMENDED IN SENATE  MARCH 25, 2003

INTRODUCED BY   Senator Kuehl
   (Coauthors:  Senators Alpert, Chesbro, Machado, Romero, Soto,
Speier, Torlakson, and Vasconcellos)
   (Coauthors:  Assembly Members Berg, Bermudez, Chan, Chu, Cohn,
Diaz, Firebaugh, Goldberg, Hancock, Jackson, Kehoe, Koretz, Laird,
Leno, Levine, Lieber, Liu, Longville, Lowenthal, Mullin, Nation,
Negrete McLeod, Pavley, Steinberg, Vargas, Wiggins, Wolk, and Yee)

                        JANUARY 17, 2003

   An act to amend Sections 221.5, 37631, 41840, 48980, and 51851 of,
to add Chapter 5.6 (commencing with Section 51930) to Part 28 of, to
repeal Sections 51201.5, 51229, 51229.5, 51229.8, and 51240 of, to
repeal Article 6 (commencing with Section 51550) of Chapter 4 of Part
28 of, and to repeal Article 11 (commencing with Section 51820) of
Chapter 5 of Part 28 of, the Education Code, relating to instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 71, Kuehl.  Education:  sexual health and HIV/AIDS prevention
instruction.
   (1) Existing law contains various provisions relating to the
instruction in the public schools on AIDS prevention, venereal
disease and other sexually transmitted diseases, sex, and abstinence
from sexual activity, the surrender of physical custody of a minor
child 72 hours or younger, and the manner in which parents or
guardians may excuse their child from this instruction.
   This bill would consolidate those provisions by establishing the
California Comprehensive Sexual Health and HIV/AIDS Prevention
Education Act.  The act would, among other things, authorize school
districts to provide comprehensive sexual health education, as
defined, in any kindergarten to grade 12, inclusive, and to ensure
that all pupils in grades 7 to 12, inclusive, receive HIV/AIDS
prevention education, as defined.  The bill would also make
conforming changes to related provisions of law and make technical,
nonsubstantive changes to some of those provisions.
   (2) This bill would incorporate additional changes to Section
48980 of the Education Code, proposed by AB 300, to be operative only
if this bill and AB 300 are both enacted and become effective on or
before January 1, 2004, and this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 221.5 of the Education Code is amended to read:

   221.5.  (a) It is the policy of the state that elementary and
secondary school classes and courses, including nonacademic and
elective classes and courses, be conducted, without regard to the sex
of the pupil enrolled in these classes and courses.
   (b) A school district may not prohibit a pupil from enrolling in
any class or course on the basis of the sex of the pupil, except a
class subject to Chapter 5.6 (commencing with Section 51930) of Part
28.
   (c) A school district may not require a pupil of one sex to enroll
in a particular class or course, unless the same class or course is
also required of a pupil of the opposite sex.
   (d) A school counselor, teacher, instructor, administrator, or
aide may not, on the basis of the sex of a pupil, offer vocational or
school program guidance to a pupil of one sex that is different from
that offered to a pupil of the opposite sex or, in counseling a
pupil, differentiate career, vocational, or higher education
opportunities on the basis of the sex of the pupil counseled.  Any
school personnel acting in a career counseling or course selection
capacity to a pupil shall affirmatively explore with the pupil the
possibility of careers, or courses leading to careers, that are
nontraditional for that pupil's sex.  The parents or legal guardian
of the pupil shall be notified in a general manner at least once in
the manner prescribed by Section 48980, in advance of career
counseling and course selection commencing with course selection for
grade 7 so that they may participate in the counseling sessions and
decisions.
   (e) Participation in a particular physical education activity or
sport, if required of pupils of one sex, shall be available to pupils
of each sex.
  SEC. 2.  Section 37631 of the Education Code is amended to read:
   37631.  The courses of instruction offered at a school maintained
pursuant to this chapter shall meet all applicable requirements of
law, including the requirements prescribed by Chapter 2 (commencing
with Section 51200) of Part 28 relating to physical education and
Chapter 5.6 (commencing with Section 51930) of Part 28.  For these
purposes the instructional program shall be designed to provide at
least the overall equivalent in instruction in each course of study
required by law to be provided in kindergarten and grades 1 to 12,
inclusive, upon the completion by a pupil of the work prescribed for
any particular grade.
  SEC. 3.  Section 41840 of the Education Code is amended to read:
   41840.  A school district or county superintendent of schools may
only claim average daily attendance for apportionment purposes for
schools or classes maintained for adults in correctional facilities
if those classes meet the requirements of Section 41976.  In
addition, any of those classes offered pursuant to paragraph (10) of
subdivision (a) of Section 41976 shall meet the requirements of
Section 51934, 51202, or 51203, as the case may be.
  SEC. 4.  Section 48980 of the Education Code is amended to read:
   48980.  (a) At the beginning of the first semester or quarter of
the regular school term, the governing board of each school district
shall notify the parent or guardian of a minor pupil regarding the
right or responsibility of the parent or guardian under Sections
35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and
51938 and Chapter 2.3 (commencing with Section 32255) of Part 19.
   (b) The notification also shall advise the parent or guardian of
the availability of individualized instruction as prescribed by
Section 48206.3, and of the program prescribed by Article 9
(commencing with Section 49510) of Chapter 9.
   (c) The notification shall also advise the parents and guardians
of all pupils attending a school within the district of the schedule
of minimum days and pupil-free staff development days, and if any
minimum or pupil-free staff development days are scheduled
thereafter, the governing board shall notify parents and guardians of
the affected pupils as early as possible, but not later than one
month before the scheduled minimum or pupil-free day.
   (d) The notification also may advise the parent or guardian of the
importance of investing for future college or university education
for their children and of considering appropriate investment options
including, but not limited to, United States Savings Bonds.
   (e) Commencing with the 2000-01 school year, and each school year
thereafter, the notification shall advise the parent or guardian of
the pupil that, commencing with the 2003-04 school year, and each
school year thereafter, each pupil completing 12th grade will be
required to successfully pass the high school exit examination
administered pursuant to Chapter 8 (commencing with Section 60850) of
Part 33.  The notification shall include, at a minimum, the date of
the examination, the requirements for passing the examination, and
shall inform the parents and guardians regarding the consequences of
not passing the examination and shall inform parents and guardians
that passing the examination is a condition of graduation.
   (f) Each school district that elects to provide a fingerprinting
program pursuant to Article 10 (commencing with Section 32390) shall
inform parents or guardians of the program as specified in Section
32390.
   (g) The notification shall also include a copy of the district's
written policy on sexual harassment established pursuant to Section
212.6, as it relates to pupils.
   (h) The notification shall include a copy of the written policy of
the school district adopted pursuant to Section 51870.5 regarding
access by pupils to Internet and online sites.
   (i) The notification shall advise the parent or guardian of all
existing statutory attendance options and local attendance options
available in the school district.  That notification shall include
all options for meeting residency requirements for school attendance,
programmatic options offered within the local attendance areas, and
any special programmatic options available on both an interdistrict
and intradistrict basis.  That notification shall also include a
description of all options, a description of the procedure for
application for alternative attendance areas or programs, an
application form from the district for requesting a change of
attendance, and a description of the appeals process available, if
any, for a parent or guardian denied a change of attendance.  The
notification shall also include an explanation of the existing
statutory attendance options including, but not limited to, those
available under Section 35160.5, Chapter 5 (commencing with Section
46600) of Part 26, subdivision (f) of Section 48204, and Article 1.5
(commencing with Section 48209) of Chapter 2 of Part 27.  The
department shall produce this portion of the notification and shall
distribute it to all school districts.
   (j) It is the intent of the Legislature that the governing board
of each school district annually review the enrollment options
available to the pupils within their districts and that the school
districts strive to make available enrollment options that meet the
diverse needs, potential, and interests of California's pupils.
   (k) The notification shall advise the parent or guardian that no
pupil may have his or her grade reduced or lose academic credit for
any absence or absences excused pursuant to Section 48205 if missed
assignments and tests that can reasonably be provided are
satisfactorily completed within a reasonable period of time, and
shall include the full text of Section 48205.
   (l) The notification shall advise the parent or guardian of the
availability of state funds to cover the costs of advanced placement
examination fees pursuant to Section 52244.
  SEC. 4.5.  Section 48980 of the Education Code is amended to read:

   48980.  (a) At the beginning of the first semester or quarter of
the regular school term, the governing board of each school district
shall notify the parent or guardian of a minor pupil regarding the
right or responsibility of the parent or guardian under Sections
35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and
51938 and Chapter 2.3 (commencing with Section 32255) of Part 19.
   (b) The notification also shall advise the parent or guardian of
the availability of individualized instruction as prescribed by
Section 48206.3, and of the program prescribed by Article 9
(commencing with Section 49510) of Chapter 9.
   (c) The notification shall also advise the parents and guardians
of all pupils attending a school within the district of the schedule
of minimum days and pupil-free staff development days, and if any
minimum or pupil-free staff development days are scheduled
thereafter, the governing board shall notify parents and guardians of
the affected pupils as early as possible, but not later than one
month before the scheduled minimum or pupil-free day.
   (d) The notification also may advise the parent or guardian of the
importance of investing for future college or university education
for their children and of considering appropriate investment options,
including, but not limited to, United States savings bonds.
   (e) Commencing with the 2000-01 school year, and each school year
thereafter, the notification shall advise the parent or guardian of
the pupil that, commencing with the 2003-04 school year, and each
school year thereafter, each pupil completing 12th grade will be
required to successfully pass the high school exit examination
administered pursuant to Chapter 8 (commencing with Section 60850) of
Part 33.  The notification shall include, at a minimum, the date of
the examination, the requirements for passing the examination, and
shall inform the parents and guardians regarding the consequences of
not passing the examination and shall inform parents and guardians
that passing the examination is a condition of graduation.
   (f) Each school district that elects to provide a fingerprinting
program pursuant to Article 10 (commencing with Section 32390) shall
inform parents or guardians of the program as specified in Section
32390.
   (g) The notification shall also include a copy of the district's
written policy on sexual harassment established pursuant to Section
212.6, as it relates to pupils.
   (h) The notification shall include a copy of the written policy of
the school district adopted pursuant to Section 51870.5 regarding
access by pupils to Internet and online sites.
   (i) The notification shall advise the parent or guardian of all
existing statutory attendance options and local attendance options
available in the school district.  That notification shall include
all options for meeting residency requirements for school attendance,
programmatic options offered within the local attendance areas, and
any special programmatic options available on both an interdistrict
and intradistrict basis.  That notification shall also include a
description of all options, a description of the procedure for
application for alternative attendance areas or programs, an
application form from the district for requesting a change of
attendance, and a description of the appeals process available, if
any, for a parent or guardian denied a change of attendance.  The
notification shall also include an explanation of the existing
statutory attendance options, including, but not limited to, those
available under Section 35160.5, Chapter 5 (commencing with Section
46600) of Part 26, subdivision (f) of Section 48204, and Article 1.5
(commencing with Section 48209) of Chapter 2 of Part 27.  The
department shall produce this portion of the notification and shall
distribute it to all school districts.
   (j) It is the intent of the Legislature that the governing board
of each school district annually review the enrollment options
available to the pupils within their districts and that the school
districts strive to make available enrollment options that meet the
diverse needs, potential, and interests of California's pupils.
   (k) The notification shall advise the parent or guardian that no
pupil may have his or her grade reduced or lose academic credit for
any absence or absences excused pursuant to Section 48205 if missed
assignments and tests that can reasonably be provided are
satisfactorily completed within a reasonable period of time, and
shall include the full text of Section 48205.
   (l) The notification shall advise the parent or guardian of the
availability of state funds to cover the costs of advanced placement
examination fees pursuant to Section 52244.
  SEC. 5.  Section 51201.5 of the Education Code is repealed.
  SEC. 6.  Section 51229 of the Education Code is repealed.
  SEC. 7.  Section 51229.5 of the Education Code is repealed.
  SEC. 8.  Section 51229.8 of the Education Code is repealed.
  SEC. 9.  Section 51240 of the Education Code is repealed.
  SEC. 10.  Article 6 (commencing with Section 51550) of Chapter 4 of
Part 28 of the Education Code is repealed.
  SEC. 11.  Article 11 (commencing with Section 51820) of Chapter 5
of Part 28 of the Education Code is repealed.
  SEC. 12.  Section 51851 of the Education Code is amended to read:
   51851.  A course of instruction in automobile driver education
shall meet all of the following:
   (a) Be of at least 21/2 semester periods and shall be taught by a
qualified instructor.
   (b) Provide the opportunity for pupils to take driver education
within the regular schoolday, and within the regular academic year,
as defined in Section 37250.  Additional classes may be offered at
the discretion of the local school district governing board, the
county superintendent of schools, California Youth Authority, and the
State Department of Education, to accommodate the pupils who have
failed or who cannot otherwise enroll in the regular schoolday
program.  For purposes of this section, the regular schoolday shall
be that time during which classes are maintained in the courses of
instruction provided for in Chapter 1 (commencing with Section
51000), Chapter 2 (commencing with Section 51200), Article 1
(commencing with Section 51500), Article 2 (commencing with Section
51510), Article 3 (commencing with Section 51520), and Article 4
(commencing with Section 51530) of Chapter 4, and Chapter 5.6
(commencing with Section 51930) of this part, and Chapter 2
(commencing with Section 58400) of Part 31.
   (c) Be completed by the pupil within the academic year or summer
session in which it was begun.
  SEC. 13.  Chapter 5.6 (commencing with Section 51930) is added to
Part 28 of the Education Code, to read:

      CHAPTER 5.6.  CALIFORNIA COMPREHENSIVE SEXUAL HEALTH AND
HIV/AIDS PREVENTION EDUCATION ACT
      Article 1.  General Provisions

   51930.  (a) This chapter shall be known and may be cited as the
California Comprehensive Sexual Health and HIV/AIDS Prevention
Education Act.
   (b) The purposes of this chapter are as follows:
   (1) To provide a pupil with the knowledge and skills necessary to
protect his or her sexual and reproductive health from unintended
pregnancy and sexually transmitted diseases.
   (2) To encourage a pupil to develop healthy attitudes concerning
adolescent growth and development, body image, gender roles, sexual
orientation, dating, marriage, and family.
   51931.  For the purposes of this chapter, the following
definitions 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) "Comprehensive sexual health education" means education
regarding human development and sexuality, including education on
pregnancy, family planning, and sexually transmitted diseases.
   (c) "English learner" means a pupil as described in subdivision
(a) of Section 306.
   (d) "HIV/AIDS prevention education" means instruction on the
nature of HIV/AIDS, methods of transmission, strategies to reduce the
risk of human immunodeficiency virus (HIV) infection, and social and
public health issues related to HIV/AIDS.  For the purposes of this
chapter, "HIV/AIDS prevention education" is not comprehensive sexual
health education.
   (e) "Instructors trained in the appropriate courses" means
instructors with knowledge of the most recent medically accurate
research on human sexuality, pregnancy, and sexually transmitted
diseases.
   (f) "Medically accurate" means verified or supported by research
conducted in compliance with scientific methods and published in
peer-reviewed journals, where appropriate, and recognized as accurate
and objective by professional organizations and agencies with
expertise in the relevant field, such as the federal Centers for
Disease Control and Prevention, the American Public Health
Association, the American Academy of Pediatrics, and the American
College of Obstetricians and Gynecologists.
   (g) "School district" includes county boards of education, county
superintendents of schools, the California School for the Deaf, and
the California School for the Blind.
   51932.  (a) This chapter does not apply to description or
illustration of human reproductive organs that may appear in a
textbook, adopted pursuant to law, on physiology, biology, zoology,
general science, personal hygiene, or health.
   (b) This chapter does not apply to instruction or materials that
discuss gender, sexual orientation, or family life and do not discuss
human reproductive organs and their functions.

      Article 2.  Authorized Comprehensive Sexual Health Education

   51933.  (a) School districts may provide comprehensive sexual
health education, consisting of age-appropriate instruction, in any
kindergarten to grade 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 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.

      Article 3.  Required HIV/AIDS Prevention Education

   51934.  (a) A school district shall ensure that all pupils in
grades 7 to 12, inclusive, receive HIV/AIDS prevention education from
instructors trained in the appropriate courses.  Each pupil shall
receive this instruction at least once in junior high or middle
school and at least once in high school.
   (b) HIV/AIDS prevention education, whether taught by school
district personnel or outside consultants, shall satisfy all of the
criteria set forth in paragraphs (1) to (6), inclusive, of
subdivision (b) and paragraphs (1) and (2) of subdivision (d) of
Section 51933, shall accurately reflect the latest information and
recommendations from the United States Surgeon General, the federal
Centers for Disease Control and Prevention, and the National Academy
of Sciences, and shall include the following:
   (1) Information on the nature of HIV/AIDS and its effects on the
human body.
   (2) Information on the manner in which HIV is and is not
transmitted, including information on activities that present the
highest risk of HIV infection.
   (3) Discussion of methods to reduce the risk of HIV infection.
This instruction shall emphasize that sexual abstinence, monogamy,
the avoidance of multiple sexual partners, and abstinence from
intravenous drug use are the most effective means for HIV/AIDS
prevention, but shall also include statistics based upon the latest
medical information citing the success and failure rates of condoms
and other contraceptives in preventing sexually transmitted HIV
infection, as well as information on other methods that may reduce
the risk of HIV transmission from intravenous drug use.
   (4) Discussion of the public health issues associated with
HIV/AIDS.
   (5) Information on local resources for HIV testing and medical
care.
   (6) Development of refusal skills to assist pupils in overcoming
peer pressure and using effective decisionmaking skills to avoid
high-risk activities.
   (7) Discussion about societal views on HIV/AIDS, including
stereotypes and myths regarding persons with HIV/AIDS.  This
instruction shall emphasize compassion for persons living with
HIV/AIDS.

      Article 4.  In-Service Training

   51935.  (a) A school district shall cooperatively plan and conduct
in-service training for all school district personnel that provide
HIV/AIDS prevention education, through regional planning, joint
powers agreements, or contract services.
   (b) In developing and providing in-service training, a school
district shall cooperate and collaborate with the teachers of the
district who provide HIV/AIDS prevention education and with the State
Department of Education.
   (c) In-service training shall be conducted periodically to enable
school district personnel to learn new developments in the scientific
understanding of HIV/AIDS.  In-service training shall be voluntary
for school district personnel who have demonstrated expertise or
received in-service training from the State Department of Education
or federal Centers for Disease Control and Prevention.
   (d) A school district may expand HIV/AIDS in-service training to
cover the topic of comprehensive sexual health education in order for
school district personnel who provide comprehensive sexual health
education to learn new developments in the scientific understanding
of sexual health.
   51936.  School districts may contract with outside consultants
with expertise in comprehensive sexual health education or HIV/AIDS
prevention education, or both, including those who have developed
multilingual curricula or curricula accessible to persons with
disabilities, to deliver the instruction or to provide training for
school district personnel.

      Article 5.  Notice and Parental Excuse

   51937.  It is the intent of the Legislature to encourage pupils to
communicate with their parents or guardians about human sexuality
and HIV/AIDS and to respect the rights of parents or guardians to
supervise their children's education on these subjects.  The
Legislature intends to create a streamlined process to make it easier
for parents and guardians to review materials and evaluation tools
related to comprehensive sexual health education and HIV/AIDS
prevention education, and, if they wish, to excuse their children
from participation in all or part of that instruction or evaluation.
The Legislature recognizes that while parents and guardians
overwhelmingly support medically accurate, comprehensive sex
education, parents and guardians have the ultimate responsibility for
imparting values regarding human sexuality to their children.
   51938.  A parent or guardian of a pupil has the right to excuse
their child from all or part of comprehensive sexual health
education, HIV/AIDS prevention education, and assessments related to
that education, as follows:
   (a) At the beginning of each school year, or, for a pupil who
enrolls in a school after the beginning of the school year, at the
time of that pupil's enrollment, each school district shall notify
the parent or guardian of each pupil about instruction in
comprehensive sexual health education and HIV/AIDS prevention
education and research on pupil health behaviors and risks planned
for the coming                                             year.  The
notice shall include all of the following:
   (1) Advise the parent or guardian that written and audio visual
educational materials used in comprehensive sexual health education
and HIV/AIDS prevention education are available for inspection.
   (2) 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.
   (3) Information explaining the parent's or guardian's right to
request a copy of this chapter.
   (4) Advise the parent or guardian that the parent or guardian may
request in writing that his or her child not receive comprehensive
sexual health education or HIV/AIDS prevention education.
   (b) Notwithstanding Section 51513, anonymous, voluntary, and
confidential research and evaluation tools to measure pupils' health
behaviors and risks, including tests, questionnaires, and surveys
containing age appropriate questions about the pupil's attitudes
concerning or practices relating to sex may be administered to any
pupil in grades 7 to 12, inclusive, if the parent or guardian is
notified in writing that this test, questionnaire, or survey is to be
administered and the pupil's parent or guardian is given the
opportunity to review the test, questionnaire, or survey and to
request in writing that his or her child not participate.
   51939.  (a) A pupil may not attend any class in comprehensive
sexual education or HIV/AIDS prevention education, or participate in
any anonymous, voluntary, and confidential test, questionnaire, or
survey on pupil health behaviors and risks, if the school has
received a written request from the pupil's parent or guardian
excusing the pupil from participation.
   (b) A pupil may not be subject to disciplinary action, academic
penalty, or other sanction if the pupil's parent or guardian declines
to permit the pupil to receive comprehensive sexual health education
or HIV/AIDS prevention education or to participate in anonymous,
voluntary, and confidential tests, questionnaires, or surveys on
pupil health behaviors and risks.
   (c) While comprehensive sexual health education, HIV/AIDS
prevention education, or anonymous, voluntary, and confidential test,
questionnaire, or survey on pupil health behaviors and risks is
being administered, an alternative educational activity shall be made
available to pupils whose parents or guardians have requested that
they not receive the instruction or participate in the test,
questionnaire, or survey.
  SEC. 14.  Section 4.5 of this bill incorporates amendments to
Section 48980 of the Education Code proposed by this bill and AB 300.
  It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2004, (2) each bill amends
Section 48980 of the Education Code, and (3) this bill is enacted
after AB 300, in which case Section 48980 of the Education Code, as
amended by AB 300, shall remain operative only until the operative
date of this bill, at which time Section 4.5 of this bill shall
become operative, and Section 4 of this bill shall not become
operative.