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:  9/4/15 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.

          Senate Floor Amendments of 9/4/15 delete reference to the  
          provision of "ample time" for parents to review educational  
          materials, and include double-jointing language to avoid  
          chaptering problems with AB 329 (Weber).









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          ANALYSIS: 
          
          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)

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







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             a)   Instruction and materials must reach respect for  
               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)

          5)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)

          6)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)

          7)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)

          8)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)  







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          9)Requires school districts to notify the parent of each  
            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.

             b)   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. 

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

             d)   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 allow a student's parent or  
            guardian 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  







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            parent may go to the school and 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.

          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.

          5)Includes double-jointing provisions to avoid chaptering  
            problems with AB 329 (Weber).

          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:   (Verified9/4/15)


          None received


          OPPOSITION:   (Verified9/4/15)


          None received

          ASSEMBLY FLOOR:  69-3, 5/26/15
          AYES:  Achadjian, Travis Allen, Baker, Bigelow, Bonilla, Brough,  
            Brown, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley,  







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            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
          9/8/15 14:38:34


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