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