Amended in Senate September 4, 2015

Amended in Senate September 1, 2015

Amended in Assembly April 13, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 329

Introduced by Assembly Member Weber

(Coauthor: Assembly Member Cristina Garcia)

February 13, 2015

An act to amend Sections 51930, 51931, 51932, 51933, 51934, 51935, 51936, 51937, 51938, and 51939 of, to amend the heading of Article 2 (commencing with Section 51933) of Chapter 5.6 of, to amend the heading of Chapter 5.6 (commencing with Section 51930) of, to amend and renumber the heading of Article 4 (commencing with Section 51935) begin delete and end delete begin insert of Chapter 5.6 of, to amend and renumber end insert the heading of Article 5 (commencing with Section 51937) of Chapter 5.6 of, and to repeal the heading of Article 3 (commencing with Section 51934) of Chapter 5.6 of, Part 28 of Division 4 of Title 2 of, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

AB 329, as amended, Weber. Pupil instruction: sexual health education.

(1) Existing 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.

This bill would revise and recast these provisions to, among other things, integrate the instruction of comprehensive sexual health education and HIV prevention education. The bill would rename the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act the California Healthy Youth Act. The bill would specify additional purposes of the act. The bill would instead require school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified. By imposing additional requirements on school districts, this bill would impose a state-mandated local program.

(2) Existing law provides that these provisions do not apply to begin insert description or illustration of human reproductive organs in certain textbooks, or to end insert instruction or materials that discuss gender, sexual orientation, or family life and do not discuss human reproductive organs and their functions.

This bill would begin delete instead provide that these provisions do not apply to instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, discrimination, harassment, bullying, intimidation, relationships, or family and do not discuss human reproductive organs and their functions. end delete begin insert revise the types of textbooks, instructions, and materials for which those provisions are inapplicable. end insert

(3) This bill would also make conforming changes.

begin insert

(4) This bill would incorporate additional changes to Section 51938 of the Education Code proposed by AB 517 that would become operative if this bill and AB 517 are both enacted and this bill is enacted last.

end insert begin delete

(4)

end delete

begin insert (5) end insert  The 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

The heading of Chapter 5.6 (commencing with
Section 51930) of Part 28 of Division 4 of Title 2 of the Education
Code is amended to read:

 

Chapter  5.6. California Healthy Youth Act

 

SEC. 2.  

Section 51930 of the Education Code is amended to
read:

51930.  

(a) This chapter shall be known, and may be cited, as
the California Healthy Youth Act.

(b) The purposes of this chapter are as follows:

(1) To provide pupils with the knowledge and skills necessary
to protect their sexual and reproductive health from HIV and other
sexually transmitted infections and from unintended pregnancy.

(2) To provide pupils with the knowledge and skills they need
to develop healthy attitudes concerning adolescent growth and
development, body image, gender, sexual orientation, relationships,
marriage, and family.

(3) To promote understanding of sexuality as a normal part of
human development.

(4) To ensure pupils receive integrated, comprehensive, accurate,
and unbiased sexual health and HIV prevention instruction and
provide educators with clear tools and guidance to accomplish that
end.

(5) To provide pupils with the knowledge and skills necessary
to have healthy, positive, and safe relationships and behaviors.

SEC. 3.  

Section 51931 of the Education Code is amended to
read:

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, contraception, and sexually transmitted infections.

(c) “English learner” means a pupil as described in subdivision
(a) of Section 306.

(d) “HIV prevention education” means instruction on the nature
of human immunodeficiency virus (HIV) and AIDS, methods of
transmission, strategies to reduce the risk of HIV infection, and
social and public health issues related to HIV and AIDS.

(e) “Instructors trained in the appropriate courses” means
instructors with knowledge of the most recent medically accurate
research on human sexuality, healthy relationships, pregnancy,
and HIV and other sexually transmitted infections.

(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.

SEC. 4.  

Section 51932 of the Education Code is amended to
read:

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, begin delete on physiology, biology,
zoology, general science, personal hygiene, or health. end delete begin insert if the
textbook does not include other elements of comprehensive sexual
health education or HIV prevention education as defined in Section
51931. end insert

(b) This chapter does not apply to instruction, materials,
presentations, or programming that discuss gender, gender identity,
gender expression, sexual orientation, discrimination, harassment,
bullying, intimidation, relationships, or family and do not discuss
human reproductive organs and their functions.

SEC. 5.  

The heading of Article 2 (commencing with Section
51933) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code is amended to read:

 

Article 2.  Required Comprehensive Sexual Health Education
and HIV Prevention Education

 

SEC. 6.  

Section 51933 of the Education Code is amended to
read:

51933.  

All comprehensive sexual health education and HIV
prevention education pursuant to Section 51934, whether taught
or supplemented by school district personnel or by outside
consultants or guest speakers pursuant to Section 51936, shall
satisfy all of the following criteria:

(a) Instruction and materials shall be age appropriate.

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

(c) All instruction and materials shall align with and support
the purposes of this chapter as set forth in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 51930 and may not be in
conflict with them.

(d) (1) Instruction and materials shall be appropriate for use
with pupils of all races, genders, sexual orientations, and ethnic
and cultural backgrounds, pupils with disabilities, and English
learners.

(2) Instruction and materials 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.

(3) 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.

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

(5) Instruction and materials shall affirmatively recognize that
people have different sexual orientations and, when discussing or
providing examples of relationships and couples, shall be inclusive
of same-sex relationships.

(6) Instruction and materials shall teach pupils about gender,
gender expression, gender identity, and explore the harm of
negative gender stereotypes.

(e) Instruction and materials shall encourage a pupil to
communicate with his or her parents, guardians, and other trusted
adults about human sexuality and provide the knowledge and skills
necessary to do so.

(f) Instruction and materials shall teach the value of and prepare
pupils to have and maintain committed relationships such as
marriage.

(g) Instruction and materials shall provide pupils with knowledge
and skills they need to form healthy relationships that are based
on mutual respect and affection, and are free from violence,
coercion, and intimidation.

(h) Instruction and materials shall provide pupils with knowledge
and skills for making and implementing healthy decisions about
sexuality, including negotiation and refusal skills to assist pupils
in overcoming peer pressure and using effective decisionmaking
skills to avoid high-risk activities.

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

SEC. 7.  

The heading of Article 3 (commencing with Section
51934) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code is repealed.

SEC. 8.  

Section 51934 of the Education Code is amended to
read:

51934.  

(a) Each school district shall ensure that all pupils in
grades 7 to 12, inclusive, receive comprehensive sexual health
education and HIV 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. This instruction shall include all of the following:

(1) Information on the nature of HIV, as well as other sexually
transmitted infections, and their effects on the human body.

(2) Information on the manner in which HIV and other sexually
transmitted infections are and are not transmitted, including
information on the relative risk of infection according to specific
behaviors, including sexual activities and injection drug use.

(3) Information that abstinence from sexual activity and injection
drug use is the only certain way to prevent HIV and other sexually
transmitted infections and abstinence from sexual intercourse is
the only certain way to prevent unintended pregnancy. Instruction
shall provide information about the value of delaying sexual
activity while also providing medically accurate information on
other methods of preventing HIV and other sexually transmitted
infections and pregnancy.

(4) Information about the effectiveness and safety of all federal
Food and Drug Administration (FDA) approved methods that
prevent or reduce the risk of contracting HIV and other sexually
transmitted infections, including use of antiretroviral medication,
consistent with the federal Centers for Disease Control and
Prevention.

(5) Information about the effectiveness and safety of reducing
the risk of HIV transmission as a result of injection drug use by
decreasing needle use and needle sharing.

(6) Information about the treatment of HIV and other sexually
transmitted infections, including how antiretroviral therapy can
dramatically prolong the lives of many people living with HIV
and reduce the likelihood of transmitting HIV to others.

(7) Discussion about social views on HIV and AIDS, including
addressing unfounded stereotypes and myths regarding HIV and
AIDS and people living with HIV. This instruction shall emphasize
that successfully treated HIV-positive individuals have a normal
life expectancy, all people are at some risk of contracting HIV,
and the only way to know if one is HIV-positive is to get tested.

(8) Information about local resources, how to access local
resources, and pupils’ legal rights to access local resources for
sexual and reproductive health care such as testing and medical
care for HIV and other sexually transmitted infections and
pregnancy prevention and care, as well as local resources for
assistance with sexual assault and intimate partner violence.

(9) Information about the effectiveness and safety of all
FDA-approved contraceptive methods in preventing pregnancy,
including, but not limited to, emergency contraception. Instruction
on pregnancy shall include an objective discussion of all legally
available pregnancy outcomes, including, but not limited to, all of
the following:

(A) Parenting, adoption, and abortion.

(B) Information on the law on surrendering physical custody
of a minor child 72 hours of age or younger, pursuant to Section
1255.7 of the Health and Safety Code and Section 271.5 of the
Penal Code.

(C) The importance of prenatal care.

(10) Information about sexual harassment, sexual assault,
adolescent relationship abuse, intimate partner violence, and sex
trafficking.

(b) A school district may provide comprehensive sexual health
education or HIV prevention education consisting of
age-appropriate instruction earlier than grade 7 using instructors
trained in the appropriate courses. A school district that elects to
offer comprehensive sexual health education or HIV prevention
education earlier than grade 7 may provide age appropriate and
medically accurate information on any of the general topics
contained in paragraphs (1) to (10), inclusive, of subdivision (a).

SEC. 9.  

The heading of Article 4 (commencing with Section
51935) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code is amended and renumbered to read:

 

Article 3.  In-Service Training

 

SEC. 10.  

Section 51935 of the Education Code is amended to
read:

51935.  

(a) A school district shall cooperatively plan and
conduct in-service training for all school district personnel that
provide HIV 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 prevention education and with the
department.

(c) In-service training shall be conducted periodically to enable
school district personnel to learn new developments in the scientific
understanding of HIV. In-service training shall be voluntary for
school district personnel who have demonstrated expertise or
received in-service training from the department or federal Centers
for Disease Control and Prevention.

(d) A school district may expand HIV 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.

SEC. 11.  

Section 51936 of the Education Code is amended to
read:

51936.  

School districts may contract with outside consultants
or guest speakers, including those who have developed multilingual
curricula or curricula accessible to persons with disabilities, to
deliver comprehensive sexual health education and HIV prevention
education or to provide training for school district personnel. All
outside consultants and guest speakers shall have expertise in
comprehensive sexual health education and HIV prevention
education and have knowledge of the most recent medically
accurate research on the relevant topic or topics covered in their
instruction.

SEC. 12.  

The heading of Article 5 (commencing with Section
51937) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code is amended and renumbered to read:

 

Article 4.  Notice and Parental Excuse

 

SEC. 13.  

Section 51937 of the Education Code is amended to
read:

51937.  

It is the intent of the Legislature to encourage pupils
to communicate with their parents or guardians about human
sexuality and HIV 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
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.

SEC. 14.  

Section 51938 of the Education Code is amended to
read:

51938.  

(a) A parent or guardian of a pupil has the right to
excuse their child from all or part of comprehensive sexual health
education, HIV prevention education, and assessments related to
that education through a passive consent (“opt-out”) process. A
school district shall not require active parental consent (“opt-in”)
for comprehensive sexual health education and HIV prevention
education.

(b) 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 prevention
education and research on pupil health behaviors and risks planned
for the coming year. The notice shall do all of the following:

(1) Advise the parent or guardian that written and audiovisual
educational materials used in comprehensive sexual health
education and HIV prevention education are available for
inspection.

(2) Advise the parent or guardian whether the comprehensive
sexual health education or HIV prevention education will be taught
by school district personnel or by outside consultants. A school
district may provide comprehensive sexual health education or
HIV prevention education, to be taught by outside consultants,
and may hold an assembly to deliver comprehensive sexual health
education or HIV prevention education by guest speakers, but if
it elects to provide comprehensive sexual health education or HIV
prevention education in either of these manners, the notice shall
include the date of the instruction, the name of the organization
or affiliation of each guest speaker, and information stating the
right of the parent or guardian to request a copy of this section,
Section 51933, and Section 51934. If arrangements for this
instruction are made after the beginning of the school year, notice
shall be made by mail or another commonly used method of
notification, no fewer than 14 days before the instruction is
delivered.

(3) Include 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
has the right to excuse their child from comprehensive sexual
health education and HIV prevention education and that in order
to excuse their child they must state their request in writing to the
school district.

(c) 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. A parent or guardian has
the right to excuse their child from the test, questionnaire, or survey
through a passive consent (“opt-out”) process. A school district
shall not require active parental consent (“opt-in”) for these tests,
questionnaires, or surveys in grades 7 to 12, inclusive. Parents or
guardians shall be notified in writing that this test, questionnaire,
or survey is to be administered, given the opportunity to review
the test, questionnaire, or survey if they wish, notified of their right
to excuse their child from the test, questionnaire, or survey, and
informed that in order to excuse their child they must state their
request in writing to the school district.

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

begin insert

begin insert SEC. 14.5. end insert   

end insert

begin insert Section 51938 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

51938.  

begin insert (a) end insert begin insert   end insert A parent or guardian of a pupil has the right to
excuse begin delete their end delete begin insert his or her end insert child from all or part of comprehensive
sexual health education, begin delete HIV/AIDS end delete begin insert HIV end insert prevention education,
and assessments related to that begin delete education, as follows: end delete begin insert education
through a passive consent (“opt-out”) process. A school district
shall not require active parental consent (“opt-in”) for
comprehensive sexual health education and HIV prevention
education. end insert

begin delete

(a)

end delete

begin insert (b) end insert  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 begin delete HIV/AIDS end delete begin insert HIV end insert
prevention education and research on pupil health behaviors and
risks planned for the coming year. The notice shall do all of the
following:

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

(2) Advise the parent or guardian whether the comprehensive
sexual health education or begin delete HIV/AIDS end delete begin insert HIV end insert prevention education
will be taught by school district personnel or by outside consultants.
A school district may provide comprehensive sexual health
education or begin delete HIV/AIDS end delete begin insert HIV end insert prevention education, to be taught
by outside consultants, begin delete and end delete begin insert or end insert may hold an assembly to deliver
comprehensive sexual health education or begin delete HIV/AIDS end delete begin insert HIV end insert
prevention education by guest speakers, but if begin delete it end delete begin insert the school district end insert
elects to provide comprehensive sexual health education or
begin delete HIV/AIDS end delete begin insert HIV end insert prevention education in either of these manners,
the notice shall include the date of the instruction, the name of the
organization or affiliation of each begin delete guest speaker, and end delete begin insert outside
consultant and guest speaker, the training in comprehensive sexual
health education and HIV prevention education of each outside
consultant and guest speaker, and end insert information stating the right of
the parent or guardian to request a copy of this section, Section
51933, and Section 51934. If arrangements for this instruction are
made after the beginning of the school year, notice shall be made
by mail or another commonly used method of notification, no
fewer than 14 days before the instruction is delivered.

(3) Include 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
begin delete may request in writing end delete begin delete that his or her child not receive end delete begin insert has the right
to excuse their child from end insert comprehensive sexual health education
begin delete or HIV/AIDS end delete begin delete prevention education end delete begin insert and HIV prevention education
and that in order to excuse their child they must state their request
in writing to the school district end insert .

begin insert

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

end insert begin delete

(b)

end delete

begin insert (d) end insert  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 begin delete sex end delete begin insert sex, end insert may be administered
to any pupil in grades 7 to 12, begin delete 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 end delete begin insert inclusive. A
parent or guardian has the right to excuse their child from the test,
questionnaire, or survey through a passive consent (“opt-out”)
process. A school district shall not require active parental consent
(“opt-in”) for these tests, questionnaires, or surveys in grades 7
to 12, inclusive. Parents or guardians shall be notified in writing
that this test, questionnaire, or survey is to be administered, given
the opportunity to review the test, questionnaire, or survey if they
wish, notified of their right to excuse their child from the test,
questionnaire, or survey, and informed that in order to excuse
their child they must state their request in writing to the school
district end insert .

begin delete

(c)

end delete

begin insert (e) end insert  The use of outside consultants or guest speakers as described
in paragraph (2) of subdivision begin delete (a) end delete begin insert (b) end insert is within the discretion of
the school district.

SEC. 15.  

Section 51939 of the Education Code is amended to
read:

51939.  

(a) A pupil may not attend any class in comprehensive
sexual health education or HIV 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 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
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.

begin insert

begin insert SEC. 16. end insert   

end insert begin insert

Section 14.5 of this bill incorporates amendments to
Section 51938 of the Education Code proposed by both this bill
and Assembly Bill 517. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2016, (2) each bill amends Section 51938 of the Education Code,
and (3) this bill is enacted after Assembly Bill 517, in which case
Section 14 of this bill shall not become operative.

end insert

begin delete SEC. 16. end delete
begin insert SEC. 17. end insert   

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