BILL NUMBER: AB 329 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 13, 2015
An act to amend Sections 51930, 51931, 51932, 51933, 51934,
51935, 51936, 51937, 51938, and 51939 of, to amend the heading of
Article 2 (commencing with Section 51933) of Chapter 5.6 of, to amend
the heading of Chapter 5.6 (commencing with Section 51930) of, to
amend and renumber the heading of Article 4 (commencing with Section
51935) and Article 5 (commencing with Section 519 37) of
Chapter 5.6 of, and to repeal the heading of Article 3 (commencing
with Section 51934) of Chapter 5.6 of, Part 28 of Division 4 of Title
2 of, the Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 329, as amended, Weber. Pupil instruction: sexual health
education.
Existing
(1) Existing law, the California
Comprehensive Sexual Health and HIV/AIDS Prevention Education Act,
authorizes school districts to provide comprehensive sexual health
education, consisting of age-appropriate instruction, in any of
kindergarten and grades 1 to 12, inclusive, and requires school
districts to ensure that all pupils in grades 7 to 12, inclusive,
receive HIV/AIDS prevention education, as specified.
This bill would express the intent of the Legislature to enact
legislation that would review and update the current sexual health
education curriculum that is provided to pupils in schools to reflect
the advances in age-appropriate sexual health instruction,
including, but not limited to, healthy relationships and dating
violence.
This bill would revise and recast these provisions to, among other
things, integrate the instruction of comprehensive sexual health
education and HIV prevention education. The bill would rename the
California Comprehensive Sexual Health and HIV/AIDS Prevention
Education Act the California Healthy Youth Act. The bill would
specify additional purposes of the act. The bill would instead
require school districts to ensure that all pupils in grades 7 to 12,
inclusive, receive comprehensive sexual health education and HIV
prevention education, as specified. By imposing additional
requirements on school districts, this bill would impose a
state-mandated local program.
(2) Existing law provides that these provisions do not apply to
instruction or materials that discuss gender, sexual orientation, or
family life and do not discuss human reproductive organs and their
functions.
This bill would instead provide that these provisions do not apply
to instruction, materials, presentations, or programming that
discuss gender, gender identity, gender expression, sexual
orientation, discrimination, harassment, bullying, intimidation,
relationships, or family and do not discuss human reproductive organs
and their functions.
(3) This bill would also make conforming changes.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 5.6 (commencing
with Section 51930) of Part 28 of Division 4 of Title 2 of the
Education Code is amended to read:
CHAPTER 5.6. CALIFORNIA COMPREHENSIVE SEXUAL HEALTH
AND HIV/AIDS PREVENTION EDUCATION HEALTHY YOUTH
ACT
SEC. 2. Section 51930 of the Education
Code is amended to read:
51930. (a) This chapter shall be known
known, and may be cited cited, as
the California Comprehensive Sexual Health and HIV/AIDS
Prevention Education Healthy Youth Act.
(b) The purposes of this chapter are as follows:
(1) To provide a pupil pupils with
the knowledge and skills necessary to protect his or her
their sexual and reproductive health from
unintended pregnancy and sexually transmitted diseases.
HIV and other sexually transmitted infections and from
unintended pregnancy.
(2) To encourage a pupil provide pupils
with the knowledge and skills they need to develop healthy
attitudes concerning adolescent growth and development, body image,
gender roles, gender, sexual
orientation, dating, relationships,
marriage, and family.
(3) To promote understanding of sexuality as a normal part of
human development.
(4) To ensure pupils receive integrated, comprehensive, accurate,
and unbiased sexual health and HIV prevention instruction and provide
educators with clear tools and guidance to accomplish that end.
(5) To provide pupils with the knowledge and skills necessary to
have healthy, positive, and safe relationships and behaviors.
SEC. 3. Section 51931 of the Education
Code is amended to read:
51931. For the purposes of this chapter, the following
definitions apply:
(a) "Age appropriate" refers to topics, messages, and teaching
methods suitable to particular ages or age groups of children and
adolescents, based on developing cognitive, emotional, and behavioral
capacity typical for the age or age group.
(b) "Comprehensive sexual health education" means education
regarding human development and sexuality, including education on
pregnancy, family planning, contraception,
and sexually transmitted diseases.
infections.
(c) "English learner" means a pupil as described in subdivision
(a) of Section 306.
(d) "HIV/AIDS "HIV prevention
education" means instruction on the nature of HIV/AIDS,
HIV and AIDS, methods of transmission, strategies
to reduce the risk of human immunodeficiency virus (HIV) infection,
and social and public health issues related to HIV/AIDS.
For the purposes of this chapter, "HIV/AIDS
prevention education" is not comprehensive sexual health education.
HIV and AIDS.
(e) "Instructors trained in the appropriate courses" means
instructors with knowledge of the most recent medically accurate
research on human sexuality, healthy relationships,
pregnancy, and HIV and other sexually
transmitted diseases. infections.
(f) "Medically accurate" means verified or supported by research
conducted in compliance with scientific methods and published in
peer-reviewed journals, where appropriate, and recognized as accurate
and objective by professional organizations and agencies with
expertise in the relevant field, such as the federal Centers for
Disease Control and Prevention, the American Public Health
Association, the American Academy of Pediatrics, and the American
College of Obstetricians and Gynecologists.
(g) "School district" includes county boards of education, county
superintendents of schools, the California School for the Deaf, and
the California School for the Blind.
SEC. 4. Section 51932 of the Education
Code is amended to read:
51932. (a) This chapter does not apply to description or
illustration of human reproductive organs that may appear in a
textbook, adopted pursuant to law, on physiology, biology, zoology,
general science, personal hygiene, or health.
(b) This chapter does not apply to instruction or
instruction, materials , presentations, or
programming that discuss gender, gender identity, gender
expression, sexual orientation, discrimination,
harassment, bullying, intimidation, relationships, or family
life and do not discuss human reproductive organs
and their functions.
SEC. 5. The heading of Article 2 (commencing with
Section 51933) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of
the Education Code is amended to read:
Article 2. Authorized Required
Comprehensive Sexual Health Education and HIV Prevention
Education
SEC. 6. Section 51933 of the Education
Code is amended to read:
51933. (a) School districts may provide comprehensive sexual
health education, consisting of age-appropriate instruction, in any
kindergarten to grade 12, inclusive, using instructors trained in the
appropriate courses.
(b) A school district that elects to offer comprehensive sexual
health education pursuant to subdivision (a), whether taught by
school district personnel or outside consultants, shall satisfy all
of the following criteria:
51933. All comprehensive sexual health education
and HIV prevention education pursuant to Section 51934, whether
taught or supplemented by school district personnel or by outside
consultants or guest speakers pursuant to Section 51936, shall
satisfy all of the following criteria:
(1)
(a) Instruction and materials shall be age appropriate.
(2)
(b) All factual information presented shall be
medically accurate and objective.
(c) All instruction and materials shall align with and support the
purposes of this chapter as set forth in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 51930 and may not be in
conflict with them.
(d) (1) Instruction and materials shall be appropriate for use
with pupils of all races, genders, sexual orientations, and ethnic
and cultural backgrounds, pupils with disabilities, and English
learners.
(3)
(2) Instruction and materials shall be made
available on an equal basis to a pupil who is an English learner,
consistent with the existing curriculum and alternative options for
an English learner pupil as otherwise provided in this code.
(4) Instruction and materials shall be appropriate for use with
pupils of all races, genders, sexual orientations, ethnic and
cultural backgrounds, and pupils with disabilities.
(5)
(3) Instruction and materials shall be accessible to
pupils with disabilities, including, but not limited to, the
provision of a modified curriculum, materials and instruction in
alternative formats, and auxiliary aids.
(4) Instruction and materials shall not reflect or promote bias
against any person on the basis of any category protected by Section
220.
(5) Instruction and materials shall affirmatively recognize that
people have different sexual orientations and, when discussing or
providing examples of relationships and couples, shall be inclusive
of same-sex relationships.
(6) Instruction and materials shall teach pupils about gender,
gender expression, gender identity, and explore the harm of negative
gender stereotypes.
(6)
(e) Instruction and materials shall encourage a pupil
to communicate with his or her parents or
parents, guardians , and other trusted adults about
human sexuality. sexuality and provide the
knowledge and skills necessary to do so.
(7)
(f) Instruction and materials shall teach
respect for marriage and the value of and prepare
pupils to have and maintain committed relationships.
relationships such as marriage.
(g) Instruction and materials shall provide pupils with knowledge
and skills they need to form healthy relationships that are based on
mutual respect and affection, and are free from violence, coercion,
and intimidation.
(h) Instruction and materials shall provide pupils with knowledge
and skills for making and implementing healthy decisions about
sexuality, including negotiation and refusal skills to assist pupils
in overcoming peer pressure and using effective decisionmaking skills
to avoid high-risk activities.
(i) Instruction and materials may not teach or promote religious
doctrine.
(8) Commencing in grade 7, instruction and materials shall teach
that abstinence from sexual intercourse is the only certain way to
prevent unintended pregnancy, teach that abstinence from sexual
activity is the only certain way to prevent sexually transmitted
diseases, and provide information about the value of abstinence while
also providing medically accurate information on other methods of
preventing pregnancy and sexually transmitted diseases.
(9) Commencing in grade 7, instruction and materials shall provide
information about sexually transmitted diseases. This instruction
shall include how sexually transmitted diseases are and are not
transmitted, the effectiveness and safety of all federal Food and
Drug Administration (FDA) approved methods of reducing the risk of
contracting sexually transmitted diseases, and information on local
resources for testing and medical care for sexually transmitted
diseases.
(10) Commencing in grade 7, instruction and materials shall
provide information about the effectiveness and safety of all
FDA-approved contraceptive methods in preventing pregnancy,
including, but not limited to, emergency contraception.
(11) Commencing in grade 7, instruction and materials shall
provide pupils with skills for making and implementing responsible
decisions about sexuality.
(12) Commencing in grade 7, instruction and materials shall
provide pupils with information on the law on surrendering physical
custody of a minor child 72 hours or younger, pursuant to Section
1255.7 of the Health and Safety Code and Section 271.5 of the Penal
Code.
(c) A school district that elects to offer comprehensive sexual
health education pursuant to subdivision (a) earlier than grade 7 may
provide age appropriate and medically accurate information on any of
the general topics contained in paragraphs (8) to (12), inclusive,
of subdivision (b).
(d) If a school district elects to offer comprehensive sexual
health education pursuant to subdivision (a), whether taught by
school district personnel or outside consultants, the school district
shall comply with the following:
(1) Instruction and materials may not teach or promote religious
doctrine.
(2) Instruction and materials may not reflect or promote bias
against any person on the basis of any category protected by Section
220.
SEC. 7. The heading of Article 3 (commencing with
Section 51934) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of
the Education Code is repealed.
Article 3. Required HIV/AIDS Prevention Education
SEC. 8. Section 51934 of the Education
Code is amended to read:
51934. (a) A Each school district
shall ensure that all pupils in grades 7 to 12, inclusive, receive
HIV/AIDS comprehensive sexual health
education and HIV prevention education from instructors trained
in the appropriate courses. Each pupil shall receive this
instruction at least once in junior high or middle school and at
least once in high school. This instruction shall include all of
the following:
(b) HIV/AIDS prevention education, whether taught by school
district personnel or outside consultants, shall satisfy all of the
criteria set forth in paragraphs (1) to (6), inclusive, of
subdivision (b) and paragraphs (1) and (2) of subdivision (d) of
Section 51933, shall accurately reflect the latest information and
recommendations from the United States Surgeon General, the federal
Centers for Disease Control and Prevention, and the National Academy
of Sciences, and shall include the following:
(1) Information on the nature of HIV/AIDS
HIV, as well as other sexually transmitted infections, and
its their effects on the human body.
(2) Information on the manner in which HIV is and is not
and other sexually transmitted infections are and are
not transmitted, including information on activities
that present the highest risk of HIV infection. the
relative risk of infection according to specific
behaviors, including sexual activities and injection drug use.
(3) Discussion of methods to reduce the risk of HIV infection.
This instruction shall emphasize that sexual abstinence, monogamy,
the avoidance of multiple sexual partners, and abstinence from
intravenous drug use are the most effective means for HIV/AIDS
prevention, but shall also include statistics based upon the latest
medical information citing the success and failure rates of condoms
and other contraceptives in preventing sexually transmitted HIV
infection, as well as information on other methods that may reduce
the risk of HIV transmission from intravenous drug use.
(4) Discussion of the public health issues associated with
HIV/AIDS.
(5) Information on local resources for HIV testing and medical
care.
(6) Development of refusal skills to assist pupils in overcoming
peer pressure and using effective decisionmaking skills to avoid
high-risk activities.
(7) Discussion about societal views on HIV/AIDS, including
stereotypes and myths regarding persons with HIV/AIDS. This
instruction shall emphasize compassion for persons living with
HIV/AIDS.
(3) Information that abstinence from sexual activity and injection
drug use is the only certain way to prevent HIV and other sexually
transmitted infections and abstinence from sexual intercourse is the
only certain way to prevent unintended pregnancy. Instruction shall
provide information about the value of delaying sexual activity while
also providing medically accurate information on other methods of
preventing HIV and other sexually transmitted infections and
pregnancy.
(4) Information about the effectiveness and safety of all federal
Food and Drug Administration (FDA) approved methods that prevent or
reduce the risk of contracting HIV and other sexually transmitted
infections, including use of antiretroviral medication.
(5) Information about the effectiveness and safety of reducing the
risk of HIV transmission as a result of injection drug use by
decreasing needle use and needle sharing.
(6) Information about the treatment of HIV and other sexually
transmitted infections, including how antiretroviral therapy can
dramatically prolong the lives of many people living with HIV and
reduce the likelihood of transmitting HIV to others.
(7) Discussion about social views on HIV and AIDS, including
addressing unfounded stereotypes and myths regarding HIV and AIDS and
people living with HIV. This instruction shall emphasize that
successfully treated HIV-positive individuals have a normal life
expectancy, all people are at some risk of contracting HIV, and the
only way to know if one is HIV-positive is to get tested.
(8) Information about local resources, how to access local
resources, and pupils' legal rights to access local resources for
sexual and reproductive health care such as testing and medical care
for HIV and other sexually transmitted infections and pregnancy
prevention and care, as well as local resources for assistance with
sexual assault and intimate partner violence.
(9) Information about the effectiveness and safety of all
FDA-approved contraceptive methods in preventing pregnancy,
including, but not limited to, emergency contraception. Instruction
on pregnancy shall include an objective discussion of all legally
available pregnancy outcomes, including, but not limited to, all of
the following:
(A) Parenting, adoption, and abortion.
(B) Information on the law on surrendering physical custody of a
minor child 72 hours of age or younger, pursuant to Section 1255.7 of
the Health and Safety Code and Section 271.5 of the Penal Code.
(C) The importance of prenatal care.
(10) Information about sexual harassment, sexual assault,
adolescent relationship abuse, intimate partner violence, and sex
trafficking.
(b) A school district may provide comprehensive sexual health
education or HIV prevention education consisting of age-appropriate
instruction earlier than grade 7, inclusive, using instructors
trained in the appropriate courses. A school district that elects to
offer comprehensive sexual health education or HIV prevention
education earlier than grade 7 may provide age appropriate and
medically accurate information on any of the general topics contained
in paragraphs (1) to (10), inclusive, of subdivision (a).
SEC. 9. The heading of Article 4 (commencing with
Section 51935) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of
the Education Code is amended and
renumbered to read:
Article 4. 3. In-Service
Training
SEC. 10. Section 51935 of the Education
Code is amended to read:
51935. (a) A school district shall cooperatively plan and conduct
in-service training for all school district personnel that provide
HIV/AIDS comprehensive sexual health
education and HIV prevention education, through regional
planning, joint powers agreements, or contract services.
(b) In developing and providing in-service training, a school
district shall cooperate and collaborate with the teachers of the
district who provide HIV/AIDS comprehensive
sexual health education and HIV prevention education and with
the State Department of Education.
department.
(c) In-service training shall be conducted periodically to enable
school district personnel to learn new developments in the scientific
understanding of HIV/AIDS. sexual health,
HIV, and other sexually transmitted infections. In-service
training shall be voluntary for school district personnel who have
demonstrated expertise or received in-service training from the
State Department of Education department
or federal Centers for Disease Control and Prevention.
(d) A school district may expand HIV/AIDS in-service training to
cover the topic of comprehensive sexual health education in order for
school district personnel who provide comprehensive sexual health
education to learn new developments in the scientific understanding
of sexual health.
SEC. 11. Section 51936 of the Education
Code is amended to read:
51936. School districts may contract with outside consultants
with expertise in comprehensive sexual health education or
HIV/AIDS prevention education, or both, or guest
speakers, including those who have developed multilingual
curricula or curricula accessible to persons with disabilities, to
deliver the instruction comprehensive sexual
health education and HIV prevention education or to provide
training for school district personnel. All outside consultants
and guest speakers shall have expertise in comprehensive sexual
health education and HIV prevention education and have knowledge of
the most recent medically accurate research on the relevant topic or
topics covered in their instruction.
SEC. 12. The heading of Article 5 (commenc
ing with Section 51937) of Chapter 5.6 of Part 28 of Division 4
of Title 2 of the Education Code is
amended and renumbered to read:
Article 5. 4. Notice and
Parental Excuse
SEC. 13. Section 51937 of the Education
Code is amended to read:
51937. It is the intent of the Legislature to encourage pupils to
communicate with their parents or guardians about human sexuality
and HIV/AIDS HIV and to respect the
rights of parents or guardians to supervise their children's
education on these subjects. The Legislature intends to create a
streamlined process to make it easier for parents and guardians to
review materials and evaluation tools related to comprehensive sexual
health education and HIV/AIDS HIV
prevention education, and, if they wish, to excuse their children
from participation in all or part of that instruction or evaluation.
The Legislature recognizes that while parents and guardians
overwhelmingly support medically accurate, comprehensive sex
education, parents and guardians have the ultimate responsibility for
imparting values regarding human sexuality to their children.
SEC. 14. Section 51938 of the Education
Code is amended to read:
51938. (a) A parent or guardian of a pupil
has the right to excuse their child from all or part of comprehensive
sexual health education, HIV/AIDS HIV
prevention education, and assessments related to that
education, as follows: education through a passive
consent ("opt-out") process. A school district shall not require
active parental consent ("opt-in") for HIV prevention education and
comprehensive sexual healt h education.
(a)
(b) At the beginning of each school year, or, for a
pupil who enrolls in a school after the beginning of the school year,
at the time of that pupil's enrollment, each school district shall
notify the parent or guardian of each pupil about instruction in
comprehensive sexual health education and HIV/AIDS
HIV prevention education and research on pupil health
behaviors and risks planned for the coming year. The notice shall do
all of the following:
(1) Advise the parent or guardian that written and audiovisual
educational materials used in comprehensive sexual health education
and HIV/AIDS HIV prevention education
are available for inspection.
(2) Advise the parent or guardian whether the comprehensive sexual
health education or HIV/AIDS HIV
prevention education will be taught by school district personnel or
by outside consultants. A school district may provide comprehensive
sexual health education or HIV/AIDS HIV
prevention education, to be taught by outside consultants, and may
hold an assembly to deliver comprehensive sexual health education or
HIV/AIDS HIV prevention education by
guest speakers, but if it elects to provide comprehensive sexual
health education or HIV/AIDS HIV
prevention education in either of these manners, the notice shall
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 or guardian to request a copy of this section, Section
51933, and Section 51934. If arrangements for this instruction are
made after the beginning of the school year, notice shall be made by
mail or another commonly used method of notification, no fewer than
14 days before the instruction is delivered.
(3) Include information explaining the parent's or guardian's
right to request a copy of this chapter.
(4) Advise the parent or guardian that the parent or guardian
may request in writing that his or her child not receive
has the right to excuse their child from
comprehensive sexual health education or HIV/AIDS
and HIV prevention education.
education and that in order to excuse their child they must state
their request in writing to the school district.
(b)
(c) Notwithstanding Section 51513, anonymous,
voluntary, and confidential research and evaluation tools to measure
pupils' health behaviors and risks, including tests, questionnaires,
and surveys containing age-appropriate questions about the pupil's
attitudes concerning or practices relating to sex
sex, may be administered to any pupil in grades 7 to 12,
inclusive, if the parent or guardian is notified in writing
that this test, questionnaire, or survey is to be administered and
the pupil's parent or guardian is given the opportunity to review the
test, questionnaire, or survey and to request in writing that his or
her child not participate. inclusive. A parent or
guardian has the right to excuse their child from the test,
questionnaire, or survey through a passive consent ("opt-out")
process. A school district shall not require active parental consent
("opt-in") for these tests, questionnaires, or surveys in grades 7 to
12, inclusive. Parents or guardians shall be notified in writing
that this test, questionnaire, or survey is to be
administered, given the opportunity to review the test,
questionnaire, or survey if they wish, notified of their right to
excuse their child from the test, questionnaire, or survey, and
informed that in order to excuse their child they must state their
request in writing to the school district.
(c)
(d) The use of outside consultants or guest speakers as
described in paragraph (2) of subdivision (a)
(b) is within the discretion of the school district.
SEC.
15. Section 51939 of the Education Code
is amended to read:
51939. (a) A pupil may not attend any class in comprehensive
sexual health education or HIV/AIDS
HIV prevention education, or participate in any anonymous,
voluntary, and confidential test, questionnaire, or survey on pupil
health behaviors and risks, if the school has received a written
request from the pupil's parent or guardian excusing the pupil from
participation.
(b) A pupil may not be subject to disciplinary action, academic
penalty, or other sanction if the pupil's parent or guardian declines
to permit the pupil to receive comprehensive sexual health education
or HIV/AIDS HIV prevention education
or to participate in anonymous, voluntary, and confidential tests,
questionnaires, or surveys on pupil health behaviors and risks.
(c) While comprehensive sexual health education, HIV/AIDS
HIV prevention education, or anonymous,
voluntary, and confidential test, questionnaire, or survey on pupil
health behaviors and risks is being administered, an alternative
educational activity shall be made available to pupils whose parents
or guardians have requested that they not receive the instruction or
participate in the test, questionnaire, or survey.
SEC. 16. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. It is the intent of the Legislature
to enact legislation that would review and update the current sexual
health education curriculum that is provided to pupils in schools to
reflect the advances in age-appropriate sexual health instruction,
including, but not limited to, healthy relationships and dating
violence.