California Legislature—2015–16 Regular Session

Assembly BillNo. 517


Introduced by Assembly Member Gallagher

February 23, 2015


An act to amend Sections 51938 and 51939 of the Education Code, relating to sexual health and HIV/AIDS prevention education.

LEGISLATIVE COUNSEL’S DIGEST

AB 517, as introduced, Gallagher. The California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act: outside consultants: parental consent.

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. Existing law requires school districts to notify parents and guardians about its plan to provide this instruction for the upcoming year and to inform them, among other things, of their right to request that their child not receive comprehensive sexual health and HIV/AIDS prevention education. If a school has received a written request from a pupil’s parent or guardian excusing the pupil from participation, the pupil is prohibited from attending a class in comprehensive sexual health and HIV/AIDS prevention education or participating in an otherwise authorized anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks.

This bill would require, if a school district elects to provide comprehensive sexual health education or HIV/AIDS prevention education, to be taught by outside consultants, or to hold an assembly to deliver comprehensive sexual health education or HIV/AIDS prevention education by guest speakers, the school district to request written permission from a pupil’s parent or guardian for the pupil to participate in that class or assembly, and advise the parent or guardian that his or her written permission is required to authorize the pupil to participate in that class or assembly. The bill would prohibit a pupil from attending a class in comprehensive sexual education or HIV/AIDS prevention education, taught by outside consultants, or an assembly that delivers comprehensive sexual education or HIV/AIDS prevention education by guest speakers, unless the school has received prior written permission from the pupil’s parent or guardian authorizing the pupil to participate in that class or assembly. The bill would prohibit a pupil from being subject to disciplinary action, academic penalty, or other sanction if the pupil’s parent or guardian does not give written permission for the pupil to attend a class in comprehensive sexual education or HIV/AIDS prevention education, taught by outside consultants, or an assembly that delivers comprehensive sexual education or HIV/AIDS prevention education by guest speakers. The bill would also require, while comprehensive sexual health education or HIV/AIDS prevention education, taught by outside consultants, or an assembly that delivers comprehensive sexual education or HIV/AIDS prevention education by guest speakers is being administered, that an alternative educational activity be made available to pupils whose parents or guardians have not provided written permission for the pupil to attend that class or assembly.

Because this bill would require local educational agencies to perform additional duties, this bill would impose a state-mandated local program.

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:

P3    1

SECTION 1.  

Section 51938 of the Education Code is amended
2to read:

3

51938.  

A parent or guardian of a pupil has the right to excuse
4their child from all or part of comprehensive sexual health
5education, HIV/AIDS prevention education, and assessments
6related to that education, as follows:

7(a) At the beginning of each school year, or, for a pupil who
8enrolls in a school after the beginning of the school year, at the
9time of that pupil’s enrollment, each school district shall notify
10the parent or guardian of each pupil about instruction in
11comprehensive sexual health education and HIV/AIDS prevention
12education and research on pupil health behaviors and risks planned
13for the coming year. The notice shall do all of the following:

14(1) Advise the parent or guardian that written and audiovisual
15educational materials used in comprehensive sexual health
16education and HIV/AIDS prevention education are available for
17inspection.

18(2) Advise the parent or guardian whether the comprehensive
19sexual health education or HIV/AIDS prevention education will
20be taught by school district personnel or by outside consultants.
21A school district may provide comprehensive sexual health
22education or HIV/AIDS prevention education, to be taught by
23outside consultants,begin delete andend deletebegin insert orend insert may hold an assembly to deliver
24comprehensive sexual health education or HIV/AIDS prevention
25education by guest speakers,begin delete but if itend deletebegin insert only with written permission
26of the parent or guardian of each pupil present. end insert
begin insertIf a school districtend insert
27 elects to provide comprehensive sexual health education or
28HIV/AIDS prevention education in either of these manners, the
29notice shall include the date of the instruction, the name of the
30organization or affiliation of each guest speaker,begin delete andend delete information
31stating the right of the parent or guardian to request a copy of this
32section, Section 51933, and Sectionbegin delete 51934.end deletebegin insert 51934, and a request
33for the written permission of the pupil’s parent or guardian for
34the pupil to participate in that class or assembly, and shall advise
35the parent or guardian that his or her written permission is
36required to authorize the pupil to participate in that class or
37assembly.end insert
If arrangements for this instruction are made after the
38beginning of the school year, notice shall be made by mail or
P4    1another commonly used method of notification, no fewer than 14
2days before the instruction is delivered.

3(3) Include information explaining the parent’s or guardian’s
4right to request a copy of this chapter.

5(4) Advise the parent or guardian that the parent or guardian
6may request in writing that his or her child not receive
7comprehensive sexual health education or HIV/AIDS prevention
8education.

9(b) Notwithstanding Section 51513, anonymous, voluntary, and
10confidential research and evaluation tools to measure pupils’ health
11behaviors and risks, including tests, questionnaires, and surveys
12containing age-appropriate questions about the pupil’s attitudes
13concerning or practices relating to sex may be administered to any
14pupil in grades 7 to 12, inclusive, if the parent or guardian is
15notified in writing that this test, questionnaire, or survey is to be
16administered and the pupil’s parent or guardian is given the
17opportunity to review the test, questionnaire, or survey and to
18request in writing that his or her child not participate.

19(c) The use of outside consultants or guest speakers as described
20in paragraph (2) of subdivision (a) is within the discretion of the
21school district.

22

SEC. 2.  

Section 51939 of the Education Code is amended to
23read:

24

51939.  

(a) begin insert(1)end insertbegin insertend insert A pupilbegin delete mayend deletebegin insert shallend insert not attendbegin delete anyend deletebegin insert aend insert class in
25comprehensive sexual education or HIV/AIDS prevention
26education, or participate in any anonymous, voluntary, and
27confidential test, questionnaire, or survey on pupil health behaviors
28and risks, if the school has received a written request from the
29pupil’s parent or guardian excusing the pupil from participation.

begin insert

30(2) A pupil shall not attend a class in comprehensive sexual
31education or HIV/AIDS prevention education, taught by outside
32consultants, or an assembly that delivers comprehensive sexual
33education or HIV/AIDS prevention education by guest speakers,
34unless the school has received prior written permission from the
35pupil’s parent or guardian authorizing the pupil to participate in
36that class or assembly.

end insert

37(b) A pupilbegin delete mayend deletebegin insert shallend insert not be subject to disciplinary action,
38academic penalty, or other sanction if the pupil’s parent or guardian
39declines to permit the pupil to receive comprehensive sexual health
40education or HIV/AIDS prevention education or to participate in
P5    1anonymous, voluntary, and confidential tests, questionnaires, or
2surveys on pupil health behaviors andbegin delete risks.end deletebegin insert risks, or if the pupil’s
3parent or guardian has not provided written permission for the
4pupil to attend a class in comprehensive sexual education or
5HIV/AIDS prevention education, taught by outside consultants, or
6an assembly that delivers comprehensive sexual education or
7HIV/AIDS prevention education by guest speakers.end insert

8(c) begin insert(1)end insertbegin insertend insert While comprehensive sexual health education,
9HIV/AIDS prevention education, or anonymous, voluntary, and
10confidential test, questionnaire, or survey on pupil health behaviors
11and risks is being administered, an alternative educational activity
12shall be made available to pupils whose parents or guardians have
13requested that they not receive the instruction or participate in the
14test, questionnaire, or survey.

begin insert

15(2) While comprehensive sexual health education or HIV/AIDS
16prevention education, taught by outside consultants, or an assembly
17that delivers comprehensive sexual education or HIV/AIDS
18prevention education by guest speakers is being administered, an
19alternative educational activity shall be made available to pupils
20whose parents or guardians have not provided written permission
21for the pupil to attend that class or assembly.

end insert
22

SEC. 3.  

If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.



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