Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 517

Introduced by Assembly Member Gallagher

February 23, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 517, as amended, Gallagher. The California Comprehensive Sexual Health and HIV/AIDS Prevention Education begin delete Act: outside consultants: parental consent. end delete begin insert Act: educational materials. end insert

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 begin insert each end insert school begin delete districts end delete begin insert district end insert to notify parents and guardians about its plan to provide this instruction for the upcoming year and to inform them, among other things, begin delete 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. end delete begin insert that written and audiovisual educational materials used in this instruction are available for inspection and of the name of the organization or affiliation of end insert begin insert any guest speaker. end insert

begin delete

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.

end delete begin insert

This bill would require a school district to provide a parent or guardian with ample time to inspect any written or audiovisual educational material used in comprehensive sexual health education and HIV/AIDS prevention education and would authorize a parent or guardian to make copies of any such written educational material that has been or will be presented by an outside consultant or guest speaker. The bill would also require a school district to inform parents and guardians of their right to make these copies and of the relevant credentials of any outside consultant or guest speaker providing this instruction.

end insert

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:

SECTION 1.  

Section 51938 of the Education Code is amended
to read:

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 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/AIDS 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 is not copyrighted
that 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 HIV/AIDS prevention education will
be taught by school district personnel or by outside consultants.
A school district may provide comprehensive sexual health
education or HIV/AIDS prevention education, to be taught by
outside consultants, or may hold an assembly to deliver
comprehensive sexual health education or HIV/AIDS prevention
education by guest speakers, begin delete only with written permission of the
parent or guardian of each pupil present. If a school district end delete begin insert but if
it end insert elects to provide comprehensive sexual health education or
HIV/AIDS 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 insert outside consultant and end insert guest
speaker, begin insert the relevant credentials 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 begin delete 51934, and a request for the written permission of the
pupil’s parent or guardian for the pupil to participate in that class
or assembly, and shall advise the parent or guardian that his or her
written permission is required to authorize the pupil to participate
in that class or assembly. end delete begin insert 51934. end insert 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
may request in writing that his or her child not receive
comprehensive sexual health education or HIV/AIDS prevention
education.

begin insert

(b) A school district shall provide a parent or guardian, upon
request, ample time to inspect any written or audiovisual
educational material used in comprehensive sexual health
education and HIV/AIDS 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
is not copyrighted that has been or will be presented by an outside
consultant or guest speaker.

end insert begin delete

(b)

end delete

begin insert (c) 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 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.

begin delete

(c)

end delete

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

begin delete

SEC. 2.  

Section 51939 of the Education Code is amended to
read:

51939.  

(a) (1) A pupil shall not attend a 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.

(2) A pupil shall not 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,
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.

(b) A pupil shall 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, or if the pupil’s parent
or guardian has not provided 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.

(c) (1) 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.

(2) 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, an
alternative educational activity shall be made available to pupils
whose parents or guardians have not provided written permission
for the pupil to attend that class or assembly.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. 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.