BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 517|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 517
          Author:   Gallagher (R)
          Amended:  8/17/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  7-0, 6/17/15
           AYES:  Liu, Runner, Block, Hancock, Leyva, Pan, Vidak
           NO VOTE RECORDED:  Mendoza, Monning

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  69-3, 5/26/15 - See last page for vote

           SUBJECT:   The California Comprehensive Sexual Health and  
                     HIV/AIDS Prevention Education Act:  educational  
                     materials


          SOURCE:    Author


          DIGEST:  This bill requires school districts to provide time for  
          parents to inspect educational materials used in sexual health  
          education and HIV/AIDS prevention education, authorizes parents  
          to make copies at the school of written materials, and requires  
          existing parental notification to include information about the  
          expertise of any guest speaker or outside consultant in sexual  
          health education and HIV/AIDS prevention education.


          ANALYSIS:   










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          Existing law:

          1)Requires school districts to ensure that all students in  
            grades 7-12 receive HIV/AIDS prevention education, as  
            specified, from instructors trained in the appropriate  
            courses.  Each student must receive this instruction at least  
            once in junior high or middle school and at least once in high  
            school.  (Education Code § 51934)

          2)Authorizes school districts to provide comprehensive sexual  
            health education, as specified, consisting of age-appropriate  
            instruction, in any grade, using instructors trained in the  
            appropriate courses.  (EC § 51933)

          3)Requires HIV/AIDS prevention education and comprehensive  
            sexual health education, whether taught by school personnel or  
            outside consultants, to satisfy all of the following criteria:

             a)   Instruction and materials must be age appropriate.  

             b)   All factual information presented must be medically  
               accurate and objective.

             c)   Instruction must be made available on an equal basis to  
               a student who is an English learner.

             d)   Instruction and materials must be appropriate for use  
               with students of all races genders, sexual orientations,  
               ethnic and cultural backgrounds, and students with  
               disabilities.

             e)   Instruction and materials must be accessible to students  
               with disabilities, including the provision of a modified  
               curriculum, materials and instruction in alternative  
               formats and auxiliary aids.

             f)   Instruction and materials must encourage a student to  
               communicate with his or her parents about human sexuality.  
               (EC § 51933 and § 51934)

          1)Requires comprehensive sexual health education to meet, in  
            addition to the criteria listed above:

             a)   Instruction and materials must reach respect for  







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               marriage and committed relationships.

             b)   Beginning in grade 7, instruction and materials must:

            i)     Teach that abstinence is the only certain way to  
                 prevent pregnancy and sexually transmitted diseases.

            ii)    Provide information about sexually transmitted  
                 diseases.

            iii)   Provide information about the effectiveness and safety  
                 of all FDA-approved contraceptive methods.

            iv)    Provide students with skills for making and  
                 implementing responsible decisions about sexuality.

            v)     Provide students with information on the law on  
                 surrendering physical custody of a minor child who is 72  
                 hours or younger.  (EC § 51933)

          1)Requires school districts to cooperatively plan and conduct  
            in-service training for all school district personnel that  
            provide HIV/AIDS prevention education.  Authorizes districts  
            to expend this training to cover comprehensive sexual health  
            education in order for school district personnel who provide  
            sexual health education.  (EC § 51935)

          2)Authorizes school districts to contract with outside  
            consultants with expertise in comprehensive sexual health  
            education or HIV/AIDS prevention education, or both, to  
            deliver the instruction or to provide training for school  
            district personnel.  (EC § 51936)

          3)States legislative intent to encourage students to communicate  
            with their parents about human sexuality and HIV/AIDS and to  
            respect the rights of parents to supervise their children's  
            education on these subjects.  (EC § 51937)

          4)Provides that parents have the right to excuse their child  
            from all or part of comprehensive sexual health education,  
            HIV/AIDS prevention education, and assessment related to that  
            education.  (EC § 51938)  

          5)Requires school districts to notify the parent of each  







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            student, at the beginning of the school year or at the  
            student's enrollment, about instruction in sexual health and  
            HIV/AIDS prevention and research on student health behaviors  
            and risks planned for the coming year.  The notice must do all  
            of the following:

             a)  Advise the parent that written and audiovisual  
               educational materials are available for inspection.

          a)   Advise the parent whether the education will be taught by  
               school district personnel or by outside consultants.  If an  
               outside consultant or guest speaker is used, the notice  
               must also include the date of the instruction, the name of  
               the organization or affiliation of each guest speaker, and  
               information stating the right of the parent to request a  
               copy of specific related sections of law. 

          b)   Include information explaining the parent's right to  
               request a copy of specific related sections of law.

          c)   Advise the parent that the parent may request in writing  
               that his or her child not receive comprehensive sexual  
               health education or HIV/AIDS prevention education.  (EC §  
               51938)  

          This bill: 

       1)Requires school districts to 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.  

       2)Authorizes a parent or guardian to make copies of any written  
            educational material that will be distributed to students if  
            it is not copyrighted and has been or will be presented by an  
            outside consultant or guest speaker.  The copies may be made  
            at the school during the time the parent is inspecting the  
            material.  Schools are authorized to charge up to 10 cents per  
            page if a parent or guardian elects to make copies.

       3)Adds to the existing annual notification to parents that during  
            inspection of educational materials by a parent, the parent  
            may go to the school and make copies of any written  
            educational material that will be distributed to students if  







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            it is not copyrighted and has been or will be presented by an  
            outside consultant or guest speaker.

       4)Adds to the existing annual notification to parents information  
            about the date of instruction, the name of the organization or  
            affiliation relative to an outside consultant (already  
            required for each guest speaker), and adds information about  
            the training in comprehensive sexual health education and  
            HIV/AIDS prevention education of each outside consultant and  
            guest speaker.

          Background
          
          Expansion.  This bill expands the existing right of parents or  
          guardians to inspect educational materials related to  
          comprehensive sexual health education and HIV/AIDS prevention  
          education to require schools to allow parents or guardians to  
          make copies of written materials, at the expense of the school.   
          This bill expands existing parental notification requirements to  
          include additional information.  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified8/25/15)


          None received


          OPPOSITION:   (Verified8/25/15)


          Department of Finance


          ARGUMENTS IN SUPPORT:  According to the author, "this bill  
          empowers parents in two ways to help them become more informed  
          and able to participate in this important discussion with their  
          children.  This bill enables parents to become more informed by  
          allowing them to make copies of the written, non-copyrighted  
          materials so that they can review them or discuss them with  
          their family, if they choose."







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          ARGUMENTS IN OPPOSITION:     According to the Department of  
          Finance, "this bill is unnecessary.  School districts must  
          notify parents or guardians if guest speakers will be used and,  
          if so, the name of the speaker's affiliation.  Nothing in  
          current law prohibits school districts from providing additional  
          information about the qualifications of guest speakers.  The  
          bill could create a reimbursable state mandate, likely costing  
          in the tens of thousands of dollars Proposition 98 General Fund,  
          by requiring school districts to include the qualifications of  
          guest speakers in their existing notifications."

          ASSEMBLY FLOOR:  69-3, 5/26/15
          AYES:  Achadjian, Travis Allen, Baker, Bigelow, Bonilla, Brough,  
            Brown, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Gatto, Gipson, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin,  
            Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low,  
            Maienschein, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Thurmond, Ting, Wagner, Waldron, Weber, Wilk,  
            Williams, Wood, Atkins
          NOES:  Burke, Levine, Mark Stone
          NO VOTE RECORDED:  Alejo, Bloom, Bonta, Chávez, Eduardo Garcia,  
            Gomez, Harper, Mathis

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          8/26/15 10:42:22


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