BILL ANALYSIS Ó AB 517 Page 1 Date of Hearing: April 8, 2015 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 517 (Gallagher) - As Introduced February 23, 2015 SUBJECT: The California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act: outside consultants: parental consent. SUMMARY: Prohibits the participation of a student in comprehensive sexual health education or HIV/AIDS prevention education which is taught by outside consultants or through guest speakers at assemblies unless prior written permission of the student's parent or guardian has been provided. Specifically, this bill: 1)Requires that a school district may provide comprehensive sexual health education or HIV/AIDS prevention education, to be taught by outside consultants or through guest speakers at assemblies, only with written prior permission of the parent or guardian of each student present. 2)Requires that school districts choosing to provide this instruction through outside consultants or guest speakers include in their notices to parents a request for written permission for students to participate in that instruction and notice that written permission is necessary to authorize students' participation. AB 517 Page 2 3)Requires that students not be subject to disciplinary action, academic penalty, or other sanctions if the students' parents do not provide permission for students to attend instruction given by outside consultants or guest speakers at assemblies. 4)Requires that an alternative educational activity be made available to students who do not have permission to attend instruction by outside consultants or guest speakers at assemblies. EXISTING LAW: 1)Permits school districts to provide comprehensive sexual health education, and places a number of requirements on districts choosing to provide that instruction. 2)Requires school districts to provide HIV/AIDS prevention education, and specifies what is to be included in that instruction. 3)States that a parent or guardian of a student has the right to excuse their child from all or part of comprehensive sexual health education, HIV/AIDS prevention education, and related assessments. 4)Requires that school districts, at the beginning of each school year, notify parents about instruction in comprehensive sexual health education and HIV/AIDS prevention education, as well as research on student health behaviors which is planned for the coming year. The notice must: AB 517 Page 3 a) 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 inspection. b) 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. c) Provide information on outside consultants and guest speakers, including the date of the instruction, the name of the organization or affiliation of each guest speaker. d) 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. 1)Permits, for students in grades 7-12, the administration of anonymous, voluntary, and confidential research and evaluation tools to measure students' health behaviors and risks. Requires that these tools be used only if a parent or guardian is notified in writing that this tool is to be administered and they are given the opportunity to review them and to request in writing that his or her child not participate. 2)Requires that students not be subject to disciplinary action, academic penalty, or other sanctions if the students' parents do not provide permission for students to attend this instruction or participate in tests, questionnaires, or surveys on student health behaviors and risks. AB 517 Page 4 3)Requires that, while comprehensive this instruction is being held or these tools are being administered, an alternative educational activity be made available to students whose parents or guardians have requested that they not participate. FISCAL EFFECT: Legislative Counsel has keyed this bill as a state mandated local program. COMMENTS: Need for the bill. The author states that "when sexual health and HIV/AIDS prevention instruction is conducted by a school teacher, the lessons are largely responsible and age-appropriate" but that at times instruction provided by outside consultants has been "controversial and inappropriate for children." The author points to several instances in which outside consultants provided instruction to students which, in the author's view, promoted sexual activity or a political agenda. Outside consultants and guest speakers must follow requirements as teachers. As noted above, the author's office indicates that instruction provided by teachers is largely appropriate, but that instruction provided by outside consultants is at times "controversial and inappropriate." Current law (Education Code Sec. 51933) requires outside consultants to abide by the same instructional requirements as teachers. Among many requirements, this instruction must be age appropriate, medically accurate and objective, teach respect for committed relationships and marriage, encourage students to speak with their parents or guardians about human sexuality, be appropriate and accessible for use with students with AB 517 Page 5 disabilities, and be appropriate for students of all races, genders, sexual orientations, and ethnic and cultural backgrounds. Opt-in excludes students whose families have no objection to the instruction. In approving prior legislation, most notably SB 71 (Kuehl, Chapter 650, Statutes of 2003), this Legislature chose to require passive ("opt out") rather than active ("opt in") parental consent. This decision was made after reviewing data that showed that very few parents object to their children learning about sexual health, and that requiring active parental consent would result in many students not receiving this instruction when their parents had no objection to it. A California study conducted by the RAND Corporation followed up with parents who did not return permission forms and found that 87% had no objection to their children's participation, demonstrating that a significant number of parents fail to return school forms for reasons other than opposition to the activity for which consent is sought. Active parental consent would mean that the vast majority of students who would miss this instruction would have parents who had no objection to it. Passive parental consent allows parents with objections to exempt their children, while allowing those who do not object to receive the instruction. According to the National Conference of State Legislatures, 35 states and the District of Columbia allow parents to opt-out on behalf of their children, and three states require parental consent before a child can receive instruction. AB 517 Page 6 CDE interpretation allows districts to adopt "opt in" policies for sexual health instruction. Contrary to significant Legislative history on this issue, the CDE has advised school districts that the law permits them to adopt an "opt in" policy regarding comprehensive sexual health instruction. The CDE website states, "Districts shall not adopt an active consent or "opt-in" policy for parental consent for required HIV/AIDS prevention instruction. Districts may use either a passive consent ("opt-out") or active consent ("opt-in") policy for comprehensive sexual health education." AB 329 (Webber) of this Session would, among other provisions, expressly prohibit active parental consent ("opt-in") policies for HIV prevention education and comprehensive sexual health education Related legislation this session: AB 329 (Webber) of this Session would consolidate and revise the requirements for comprehensive sexual health education and HIV/AIDS prevention education, and would expressly prohibit active parental consent ("opt-in") policies for HIV prevention education and comprehensive sexual health education. Prior legislation. AB 1348 (Mansoor) of the 2011-12 Session would have prohibited students from receiving sexual health education or taking surveys about gender or sexual orientation without parental consent. That bill died in this Committee. AB 2086 (Huff) of the 2007-08 Session would have required that parents be notified and be able to excuse their children from discussions of sexual orientation which occur outside of comprehensive sexual health education. That bill died in this Committee. AB 629 (Brownley), Chapter 602, Statutes of 2007, enacted the AB 517 Page 7 Sexual Health Education Accountability Act and requires sexual health education programs to provide information that is medically accurate, current, and objective, include content that is age appropriate for its targeted population, be culturally and linguistically appropriate for its targeted populations, and provide information about the effectiveness and safety of at least one or more drug or device approved by the federal Food and Drug Administration for preventing pregnancy and for reducing the risk of contracting sexually transmitted diseases. AB 2891 (La Malfa) of the 2005-06 Session, would have required parental permission before students could participate in tests, questionnaires, surveys, or examinations containing any questions regarding gender, or sexual orientation. That bill died in this Committee. AB 349 (Mountjoy) of the 2005-06 Session would have required parental permission before students in grades 7-12 could receive instruction or counseling in specified sexual health education topics, and would have prohibited the discussion of those topics in grades K-6. That bill died in this Committee. SB 71 (Kuehl), Chapter 650, Statutes of 2003, established the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act which consolidated 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, and the manner in which parents or guardians may excuse their child from this instruction. REGISTERED SUPPORT / OPPOSITION: Support AB 517 Page 8 California Catholic Conference California Nurses for Ethical Standards California Right to Life Committee Capitol Resource Institute Concerned Women of America of California Faith and Public Policy NOISE Coalition 1 individual Opposition Equality California American Academy of Pediatrics, California American Civil Liberties Union of California California Communities United Institute California Medical Association AB 517 Page 9 National Association of Social Workers, California Chapter Planned Parenthood Affiliates of California California Association for Health, Physical Education, Recreation and Dance 1 individual Analysis Prepared by: Tanya Lieberman/ED./(916) 319-2087