BILL ANALYSIS Ó AB 517 Page 1 ASSEMBLY THIRD READING AB 517 (Gallagher) As Amended May 6, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Education |7-0 |O'Donnell, Chávez, | | | | |Kim, McCarty, | | | | |Santiago, Thurmond, | | | | |Weber | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |15-0 |Gomez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Eggman, Gallagher, | | | | |Eduardo Garcia, | | | | |Holden, Quirk, | | | | |Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: This bill requires that parents be provided ample time to review materials used by outside consultants and guest speakers AB 517 Page 2 in comprehensive sexual health and human immunodeficiency virus infection/acquired immune deficiency syndrome (HIV/AIDS) prevention education, be given the opportunity to make copies of non-copyrighted materials, and be notified of the training of outside consultants and guest speakers to instruct on these topics. Specifically, this bill: 1)Requires that parents be provided ample time to inspect materials used in comprehensive sexual health education and HIV/AIDS prevention education. 2)Requires that parents be given the opportunity, during this inspection, to make copies of any non-copyrighted written materials used by outside consultants or guest speakers. 3)Requires that parents be notified of the training of outside consultants and guest speakers to instruct in the area of comprehensive sexual health education and HIV/AIDS prevention education. 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)Requires that school districts, at the beginning of each school year, notify parents about instruction in comprehensive sexual AB 517 Page 3 health education and HIV/AIDS prevention education which is planned for the coming year. The notice must: 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. FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown Proposition 98/General Fund state mandated reimbursable costs, likely in the low tens of thousands, to provide copies of materials to parents upon request. There are 9,919 schools in California that would be subject to the requirements of this bill. Actual costs will depend on nature of claims submitted by school districts. The Commission on State Mandates determined existing law related to comprehensive sexual education instruction constituted a reimbursable mandate. The state has also included this mandate in the K-12 Mandate Block Grant. If the Commission on State Mandates determines these requirements impose a higher level of service, this could pressure the Legislature to increase funding under the K-12 Mandate Block Grant. COMMENTS: AB 517 Page 4 Bill history. A prior version of this bill failed passage in the Assembly Education Committee and was granted reconsideration. It was then substantially amended and subsequently approved. Outside consultants and guest speakers must follow same requirements as teachers. Current law 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 disabilities, and be appropriate for students of all races, genders, sexual orientations, and ethnic and cultural backgrounds. What are the qualifications of outside consultants and speakers? While current law places requirements on the instruction provided by outside speakers and speakers at assemblies, it is silent with respect to their qualifications to provide this instruction. In order to help parents make informed decisions, this bill would provide information to parents on the training these consultants and speakers have received to instruct students on the topics of sexual health and HIV/AIDS prevention. Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0000481 AB 517 Page 5