AB 517, as amended, Gallagher. The California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act: educational materials.
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 each school district to notify parents and guardians about its plan to provide this instruction for the upcoming year and to inform them, among other things, that written and audiovisual educational materials used in this instruction are available for inspection and of the name of the organization or affiliation of any guest speaker.
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
begin delete suchend delete 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 training in comprehensive sexual health education and HIV/AIDS
prevention education of each outside consultant or guest speaker providing this instruction.
Because this bill would require local educational agencies to perform additional duties, this bill would impose a state-mandated local program.end delete
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.end delete
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.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 51938 of the Education Code is amended
A parent or guardian of a pupil has the right to excuse
begin delete theirend delete child from all or part of comprehensive sexual
P3 1health education, HIV/AIDS prevention education, and assessments
2related to that education, as follows:
3(a) At the beginning of each school year, or, for a pupil who
4enrolls in a school after the beginning of the school year, at the
5time of that pupil’s enrollment, each school district shall notify
6the parent or guardian of each pupil about instruction in
7comprehensive sexual health education and HIV/AIDS prevention
8education and research on pupil health behaviors and risks planned
9for the coming year. The notice shall do all of the following:
10(1) Advise the parent or guardian that written and audiovisual
11educational materials used in comprehensive sexual health
12education and HIV/AIDS prevention education are available for
13inspection and that during this inspection a parent or guardian may
14make copies at the parent’s or guardian’s pupil’s school of any
15written educational material that is not copyrighted
begin delete thatend delete
has been or will be presented by an
17outside consultant or guest speaker.
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, or may hold an assembly to deliver
24comprehensive sexual health education or HIV/AIDS prevention
25education by guest speakers, but if the school district elects to
26provide comprehensive sexual health education or HIV/AIDS
27prevention education in either of these manners, the notice shall
28include the date of the instruction, the name of the organization
29or affiliation of each outside consultant and guest speaker, the
30training in comprehensive sexual health education and HIV/AIDS
31prevention education of each outside consultant and guest speaker,
32and information stating the right of the parent or guardian to request
33a copy of this section, Section 51933, and Section 51934. If
34arrangements for this instruction are made after the beginning of
35the school year, notice shall be made by mail or another commonly
36used method of notification, no fewer than 14 days before the
37instruction is delivered.
38(3) Include information explaining the parent’s or guardian’s
39right to request a copy of this chapter.
P4 1(4) Advise the parent or guardian that the parent or guardian
2may request in writing that his or her child not receive
3comprehensive sexual health education or HIV/AIDS prevention
5(b) A school district shall provide a parent or guardian, upon
6request, ample time to inspect any written or audiovisual
7educational material used in comprehensive sexual health education
8and HIV/AIDS prevention education. A parent or guardian may,
9during inspection, make copies at the parent’s or guardian’s pupil’s
10school of any written educational material that is not copyrighted
begin delete thatend delete has been or will be
12presented by an outside consultant or guest speaker.
15(c) Notwithstanding Section 51513, anonymous, voluntary, and
16confidential research and evaluation tools to measure pupils’ health
17behaviors and risks, including tests, questionnaires, and surveys
18containing age-appropriate questions about the pupil’s attitudes
19concerning or practices relating to sex may be administered to any
20pupil in grades 7 to 12, inclusive, if the parent or guardian is
21notified in writing that this test, questionnaire, or survey is to be
22administered and the pupil’s parent or guardian is given the
23opportunity to review the test, questionnaire, or survey and to
24request in writing that his or her child not participate.
25(d) The use of outside consultants
or guest speakers as described
26in paragraph (2) of subdivision (a) is within the discretion of the
If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.