(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. Existing law requires each school district to notify parents and guardians about its plan to provide this instruction for the upcoming year and to inform them, among other things, that written and audiovisual educational materials used in this instruction are available for inspection and of the name of the organization or affiliation of any guest speaker.

This bill would require a school district to provide a parent or guardian with ample time allow a pupils parent or guardian to inspect any written or audiovisual educational material used in comprehensive sexual health education and HIV/AIDS prevention education and would authorize 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 bill would authorize a school to charge up to $0.10 per page if a parent or guardian elects to make copies of this written educational material. The bill would also require a school district to inform parents and guardians of their right to make these copies and of the training in comprehensive sexual health education and HIV/AIDS prevention education of each outside consultant or guest speaker providing this instruction. Because the bill would require local educational agencies to perform additional duties, the bill would impose a state-mandated local program.

(2) This bill would incorporate additional changes to Section 51938 of the Education Code proposed by AB 329 that would become operative if this bill and AB 329 are both enacted and this bill is enacted last.

(3)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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. Existing law requires each school district to notify parents and guardians about its plan to provide this instruction for the upcoming year and to inform them, among other things, that written and audiovisual educational materials used in this instruction are available for inspection and of the name of the organization or affiliation of any guest speaker.

This bill would require a school district to provide a parent or guardian with ample time to inspect any written or audiovisual educational material used in comprehensive sexual health education and HIV/AIDS prevention education and would authorize a parent or guardian to make copies of any such 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 bill would authorize a school to charge up to $0.10 per page if a parent or guardian elects to make copies of this written educational material. The bill would also require a school district to inform parents and guardians of their right to make these copies and of the training in comprehensive sexual health education and HIV/AIDS prevention education of each outside consultant or guest speaker providing this instruction. Because the bill would require local educational agencies to perform additional duties, the bill would impose a state-mandated local program.

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. Existing law requires each school district to notify parents and guardians about its plan to provide this instruction for the upcoming year and to inform them, among other things, that written and audiovisual educational materials used in this instruction are available for inspection and of the name of the organization or affiliation of any guest speaker.

This bill would require a school district to provide a parent or guardian with ample time to inspect any written or audiovisual educational material used in comprehensive sexual health education and HIV/AIDS prevention education and would authorize a parent or guardian to make copies of any such written educational material that has been or will be presented by an outside consultant or guest speaker. The bill would also require a school district to inform parents and guardians of their right to make these copies and of the relevant credentials training in comprehensive sexual health education and HIV/AIDS prevention education of any each outside consultant or guest speaker providing this instruction.

Because this bill would require local educational agencies to perform additional duties, this bill would impose a state-mandated local program.

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.

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. Existing law requires each school districts district to notify parents and guardians about its plan to provide this instruction for the upcoming year and to inform them, among other things, of their right to request that their child not receive comprehensive sexual health and HIV/AIDS prevention education. If a school has received a written request from a pupils parent or guardian excusing the pupil from participation, the pupil is prohibited from attending a class in comprehensive sexual health and HIV/AIDS prevention education or participating in an otherwise authorized anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks. that written and audiovisual educational materials used in this instruction are available for inspection and of the name of the organization or affiliation of any guest speaker.

Because this bill would require local educational agencies to perform additional duties, this bill would impose a state-mandated local program.

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.

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. Existing law requires school districts to notify parents and guardians about its plan to provide this instruction for the upcoming year and to inform them, among other things, of their right to request that their child not receive comprehensive sexual health and HIV/AIDS prevention education. If a school has received a written request from a pupils parent or guardian excusing the pupil from participation, the pupil is prohibited from attending a class in comprehensive sexual health and HIV/AIDS prevention education or participating in an otherwise authorized anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks.

This bill would require, if a school district elects to provide comprehensive sexual health education or HIV/AIDS prevention education, to be taught by outside consultants, or to hold an assembly to deliver comprehensive sexual health education or HIV/AIDS prevention education by guest speakers, the school district to request written permission from a pupils parent or guardian for the pupil to participate in that class or assembly, and advise the parent or guardian that his or her written permission is required to authorize the pupil to participate in that class or assembly. The bill would prohibit a pupil from attending a class in comprehensive sexual education or HIV/AIDS prevention education, taught by outside consultants, or an assembly that delivers comprehensive sexual education or HIV/AIDS prevention education by guest speakers, unless the school has received prior written permission from the pupils parent or guardian authorizing the pupil to participate in that class or assembly. The bill would prohibit a pupil from being subject to disciplinary action, academic penalty, or other sanction if the pupils parent or guardian does not give written permission for the pupil to attend a class in comprehensive sexual education or HIV/AIDS prevention education, taught by outside consultants, or an assembly that delivers comprehensive sexual education or HIV/AIDS prevention education by guest speakers. The bill would also require, while comprehensive sexual health education or HIV/AIDS prevention education, taught by outside consultants, or an assembly that delivers comprehensive sexual education or HIV/AIDS prevention education by guest speakers is being administered, that an alternative educational activity be made available to pupils whose parents or guardians have not provided written permission for the pupil to attend that class or assembly.

Because this bill would require local educational agencies to perform additional duties, this bill would impose a state-mandated local program.

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.

 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

SENATE FLOOR: 16-20, 9/9/15 (FAIL)

AYES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Huff, Liu, Mendoza, Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak

NOES: Allen, Beall, Block, De León, Galgiani, Glazer, Hall, Hancock, Hill, Hueso, Jackson, Lara, Leno, Leyva, McGuire, Mitchell, Monning, Pan, Wieckowski, Wolk

NO VOTE RECORDED: Hernandez, Hertzberg, Pavley, Roth

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).

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:
   
   

   1. Instruction and materials must be age appropriate.
      
      

   2. All factual information presented must be medically accurate and objective.
      
      

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

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

   5. 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.
      
      

   6. 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:
   
   

   1. Instruction and materials must reach respect for marriage and committed relationships.
      
      

   2. Beginning in grade 7, instruction and materials must:
      
      

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

      2. Provide information about sexually transmitted diseases.
         
         

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

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

      5. 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)
   
   

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:
   
   

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

   2. 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.
      
      

   3. Include information explaining the parent’s right to request a copy of specific related sections of law.
      
      

   4. 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 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.: Yes Local: Yes

SUPPORT: (Verified 9/4/15)

None received

OPPOSITION: (Verified 9/4/15)

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, 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

9/9/15 19:18:49

**** END ****

 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).

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:
   
   

   1. Instruction and materials must be age appropriate.
      
      

   2. All factual information presented must be medically accurate and objective.
      
      

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

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

   5. 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.
      
      

   6. 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:
   
   

   1. Instruction and materials must reach respect for marriage and committed relationships.
      
      

   2. Beginning in grade 7, instruction and materials must:
      
      

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

      2. Provide information about sexually transmitted diseases.
         
         

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

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

      5. 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)
   
   

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:
   
   

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

   2. 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.
      
      

   3. Include information explaining the parent’s right to request a copy of specific related sections of law.
      
      

   4. 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 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.: Yes Local: Yes

SUPPORT: (Verified 9/4/15)

None received

OPPOSITION: (Verified 9/4/15)

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, 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

**** END ****

 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:

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:
   
   

1. Instruction and materials must be age appropriate.
   
   

2. All factual information presented must be medically accurate and objective.
   
   

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

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

5. 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.
   
   

6. 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:
   
   

1. Instruction and materials must reach respect for marriage and committed relationships.
   
   

2. Beginning in grade 7, instruction and materials must:
   
   

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

2. Provide information about sexually transmitted diseases.
   
   

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

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

5. 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)
   
   

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.

2. 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.
   
   

3. Include information explaining the parent’s right to request a copy of specific related sections of law.
   
   

4. 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 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.: Yes Local: Yes

SUPPORT: (Verified 8/25/15)

None received

OPPOSITION: (Verified 8/25/15)

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.”

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

**** END ****

 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:

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:
   
   

1. Instruction and materials must be age appropriate.
   
   

2. All factual information presented must be medically accurate and objective.
   
   

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

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

5. 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.
   
   

6. 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:
   
   

1. Instruction and materials must reach respect for marriage and committed relationships.
   
   

2. Beginning in grade 7, instruction and materials must:
   
   

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

2. Provide information about sexually transmitted diseases.
   
   

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

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

5. 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)
   
   

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.

2. 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.
   
   

3. Include information explaining the parent’s right to request a copy of specific related sections of law.
   
   

4. 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 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.: Yes Local: Yes

SUPPORT: (Verified 8/25/15)

None received

OPPOSITION: (Verified 8/26/15)

Department of Finance

Planned Parenthood Affiliates of California

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.”

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 13:53:57

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 517

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

SUMMARY

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.

BACKGROUND

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:
   
   

1. Instruction and materials must be age appropriate.
   
   

2. All factual information presented must be medically accurate and objective.
   
   

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

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

5. 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.
   
   

6. 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:
   
   

1. Instruction and materials must reach respect for marriage and committed relationships.
   
   

2. Beginning in grade 7, instruction and materials must:
   
   

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

2. Provide information about sexually transmitted diseases.
   
   

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

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

5. 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. Existing law 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)
   
   

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:
   
   

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

3. 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.
   
   

4. Include information explaining the parent’s right to request a copy of specific related sections of law.
   
   

5. 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)
   
   

ANALYSIS

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 of written materials at the school, 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. Specifically, 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 is not copyrighted that 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.
   
   

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 is not copyrighted that 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.

STAFF COMMENTS

1. Need for the bill. 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.”
   
   

2. 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.
   
   

3. Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose 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.
   
   

4. Related and prior legislation.
   
   RELATED LEGISLATION
   
   AB 329 (Weber, 2015) among other things, modifies the authority for schools to provide comprehensive sexual health education to require such instruction. AB 329 is pending referral in the Senate.
   
   PRIOR LEGISLATION
   
   AB 1348 (Mansoor, 2011) would have, among other things, prohibited a student from receiving comprehensive sexual health education or HIV/AIDS prevention education without the prior written consent of the parent. AB 1348 was never heard.
   
   

SUPPORT

California Catholic Conference

California Right to Life Committee

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 517

Author:(Gallagher)

As Amended Ver:May 6, 2015

Majority vote

SUMMARY: This bill requires that parents be provided ample time to review materials used by outside consultants and guest speakers 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 health education and HIV/AIDS prevention education which is planned for the coming year. The notice must:

1. 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.

2. 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.

3. 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:

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

Date of Hearing: May 20, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 517

Author:(Gallagher) – As Amended Ver:May 6, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires, under the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act, parents to have ample time to review sexual health education materials presented by outside consultants and guest speakers and be able to make copies of any non-copyrighted materials. Further, requires parents to be notified of any relevant credentials of outside consultants or guest speakers.

FISCAL EFFECT:

Unknown Proposition 98/GF 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 (CSM) 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 CSM 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:

1. Purpose. Existing law requires school districts, at the beginning of each school year, to notify parents about instruction in comprehensive sexual health education and HIV/AIDS prevention education, as well as research on student health behaviors which is planned for the coming year. The notice must 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, and advise whether the instruction will be taught by school district personnel or by outside consultants. Existing law further requires information on outside consultants and guest speakers, including the date of the instruction, the name of the organization or affiliation of each guest speaker, to be provided to parents.

This bill requires parents have ample time to review and make copies of non-copyrighted materials, and inform parents of any relevant credentials of the consultants and speakers. The author’s office states, “This ensures that schools can use outside consultants to provide this crucial instruction, and allows parents to be part of their children’s educational process if they so choose."

2. Related legislation. AB 329 (Weber), pending in this committee, consolidates and revises the requirements for comprehensive sexual health education and HIV/AIDS prevention education.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 517

Author:(Gallagher) – As Amended Ver:April 22, 2015

Note: This bill was heard by this Committee on April 8^th and failed by a vote of 1-5. Reconsideration was granted. This bill has since been amended and is being heard in its amended form.

SUBJECT: The California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act: outside consultants: parental consent

SUMMARY: Requires that parents be able to review sexual health education materials presented by outside consultants and guest speakers, that parents have ample time to do so, that parents be able to make copies of any non-copyrighted materials, and requires that parents be notified of any relevant credentials of outside consultants or guest speakers. Specifically, this bill:

1. Requires parents and guardians be notified that during their inspection of any audio/visual materials that have been or will be presented in comprehensive sexual health education or HIV/AIDS prevention education by an outside consultant or guest speaker, they make copies of any non-copyrighted materials.

2. Requires that, if sexual health education or HIV/AIDS prevention education is taught using outside consultants or guest speakers at assemblies, parents and guardians must be provided notice of any relevant credentials of the consultants or speakers.

3. Requires that parents and guardians be provided, upon request, ample time to allowed to inspect any written or audiovisual materials used in comprehensive sexual health education and HIV/AIDS prevention education, and that they be given adequate time to do so.

4. Requires that parents be permitted, while inspecting materials, to make copies of any non-copyrighted written materials used in comprehensive sexual health education and HIV/AIDS prevention education, at their child’s school.

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. States that a parent or guardian of a student has the right to excuse their child from all or part of comprehensive sexual health education, HIV/AIDS prevention education, and related assessments.

4. Requires that school districts, at the beginning of each school year, notify parents about instruction in comprehensive sexual health education and HIV/AIDS prevention education, as well as research on student health behaviors which is planned for the coming year. The notice must:

1. 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.

2. 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.

3. 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.

4. Advise the parent or guardian that the parent or guardian may request in writing that his or her child not receive comprehensive sexual health education or HIV/AIDS prevention education.

5. Permits, for students in grades 7-12, the administration of anonymous, voluntary, and confidential research and evaluation tools to measure students’ health behaviors and risks. Requires that these tools be used only if a parent or guardian is notified in writing that this tool is to be administered and they are given the opportunity to review them and to request in writing that his or her child not participate.

6. Requires that students not be subject to disciplinary action, academic penalty, or other sanctions if the students’ parents do not provide permission for students to attend this instruction or participate in tests, questionnaires, or surveys on student health behaviors and risks.

7. Requires that, while comprehensive this instruction is being held or these tools are being administered, an alternative educational activity be made available to students whose parents or guardians have requested that they not participate.

FISCAL EFFECT:

Legislative Counsel has keyed this bill as a state mandated local program.

COMMENTS:

Need for the bill. On April 8^th the Committee heard this bill and it failed passage. At that time the bill proposed to require active parental consent (“opt in”) for sexual health presentations by outside consultants and guest speakers at assemblies. This bill has been substantially amended since then.

This bill now requires that parents be able to review materials by outside consultants and guest speakers, that parents have ample time to do so, that parents be able to make copies of non-copyrighted materials, and that they are be informed of any relevant credentials of the consultants and speakers. The author’s office states, “This ensures that schools can use outside consultants to provide this crucial instruction, and allows parents to be part of their children’s educational process if they so choose.

Outside consultants and guest speakers must follow requirements as teachers. Current law (Education Code Sec. 51933) 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? Current law is silent with respect to the qualifications of outside consultants and speakers. AB 329 (Weber), which was approved by the Committee on April 22^nd, requires that outside consultants and speakers “have expertise in comprehensive sexual health education and HIV prevention education and have knowledge of the most recent medically accurate research on the relevant topics covered in their instruction.”

This bill requires that parents be provided information about an instructor’s relevant credentials. The purposes of that section and this bill are aligned, in that both seek to ensure that the content delivered to students is delivered by appropriately trained presenters. To focus this bill on the issue of appropriate training of presenters, and consistent with the Committee’s prior action, staff recommends that the bill be amended to instead require that, as part of the notice provided to parents about outside consultants and speakers, information be provided on the consultants’ “training in comprehensive sexual health education and HIV and AIDs prevention education.”

Related legislation this session: AB 329 (Webber) of this Session would consolidate and revise the requirements for comprehensive sexual health education and HIV/AIDS prevention education, and would expressly prohibit active parental consent (“opt-in”) policies for HIV prevention education and comprehensive sexual health education.

Prior legislation. AB 2086 (Huff) of the 2007-08 Session would have required that parents be notified and be able to excuse their children from discussions of sexual orientation which occur outside of comprehensive sexual health education. That bill died in this Committee.

AB 2891 (La Malfa) of the 2005-06 Session, would have required parental permission before students could participate in tests, questionnaires, surveys, or examinations containing any questions regarding gender, or sexual orientation. That bill died in this Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087

Date of Hearing: April 8, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 517

Author:(Gallagher) – As Introduced Ver:February 23, 2015

SUBJECT:

The California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act: outside consultants: parental consent.

SUMMARY:

Prohibits the participation of a student in comprehensive sexual health education or HIV/AIDS prevention education which is taught by outside consultants or through guest speakers at assemblies unless prior written permission of the student’s parent or guardian has been provided. Specifically, this bill:

1. Requires that a school district may provide comprehensive sexual health education or HIV/AIDS prevention education, to be taught by outside consultants or through guest speakers at assemblies, only with written prior permission of the parent or guardian of each student present.

2. Requires that school districts choosing to provide this instruction through outside consultants or guest speakers include in their notices to parents a request for written permission for students to participate in that instruction and notice that written permission is necessary to authorize students’ participation.

3. Requires that students not be subject to disciplinary action, academic penalty, or other sanctions if the students’ parents do not provide permission for students to attend instruction given by outside consultants or guest speakers at assemblies.

4. Requires that an alternative educational activity be made available to students who do not have permission to attend instruction by outside consultants or guest speakers at assemblies.

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. States that a parent or guardian of a student has the right to excuse their child from all or part of comprehensive sexual health education, HIV/AIDS prevention education, and related assessments.

4. Requires that school districts, at the beginning of each school year, notify parents about instruction in comprehensive sexual health education and HIV/AIDS prevention education, as well as research on student health behaviors which is planned for the coming year. The notice must:

1. 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.

2. 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.

3. 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.

4. Advise the parent or guardian that the parent or guardian may request in writing that his or her child not receive comprehensive sexual health education or HIV/AIDS prevention education.

5. Permits, for students in grades 7-12, the administration of anonymous, voluntary, and confidential research and evaluation tools to measure students’ health behaviors and risks. Requires that these tools be used only if a parent or guardian is notified in writing that this tool is to be administered and they are given the opportunity to review them and to request in writing that his or her child not participate.

6. Requires that students not be subject to disciplinary action, academic penalty, or other sanctions if the students’ parents do not provide permission for students to attend this instruction or participate in tests, questionnaires, or surveys on student health behaviors and risks.

7. Requires that, while comprehensive this instruction is being held or these tools are being administered, an alternative educational activity be made available to students whose parents or guardians have requested that they not participate.

FISCAL EFFECT:

Legislative Counsel has keyed this bill as a state mandated local program.

COMMENTS:

Need for the bill. The author states that “when sexual health and HIV/AIDS prevention instruction is conducted by a school teacher, the lessons are largely responsible and age-appropriate” but that at times instruction provided by outside consultants has been “controversial and inappropriate for children.” The author points to several instances in which outside consultants provided instruction to students which, in the author’s view, promoted sexual activity or a political agenda.

Outside consultants and guest speakers must follow requirements as teachers. As noted above, the author’s office indicates that instruction provided by teachers is largely appropriate, but that instruction provided by outside consultants is at times “controversial and inappropriate.”

Current law (Education Code Sec. 51933) 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.

Opt-in excludes students whose families have no objection to the instruction. In approving prior legislation, most notably SB 71 (Kuehl, Chapter 650, Statutes of 2003), this Legislature chose to require passive (“opt out”) rather than active (“opt in”) parental consent. This decision was made after reviewing data that showed that very few parents object to their children learning about sexual health, and that requiring active parental consent would result in many students not receiving this instruction when their parents had no objection to it.

A California study conducted by the RAND Corporation followed up with parents who did not return permission forms and found that 87% had no objection to their children’s participation, demonstrating that a significant number of parents fail to return school forms for reasons other than opposition to the activity for which consent is sought. Active parental consent would mean that the vast majority of students who would miss this instruction would have parents who had no objection to it. Passive parental consent allows parents with objections to exempt their children, while allowing those who do not object to receive the instruction.

According to the National Conference of State Legislatures, 35 states and the District of Columbia allow parents to opt-out on behalf of their children, and three states require parental consent before a child can receive instruction.

CDE interpretation allows districts to adopt “opt in” policies for sexual health instruction. Contrary to significant Legislative history on this issue, the CDE has advised school districts that the law permits them to adopt an “opt in” policy regarding comprehensive sexual health instruction. The CDE website states, “Districts shall not adopt an active consent or "opt-in" policy for parental consent for required HIV/AIDS prevention instruction. Districts may use either a passive consent ("opt-out") or active consent ("opt-in") policy for comprehensive sexual health education.”

AB 329 (Webber) of this Session would, among other provisions, expressly prohibit active parental consent (“opt-in”) policies for HIV prevention education and comprehensive sexual health education

Related legislation this session: AB 329 (Webber) of this Session would consolidate and revise the requirements for comprehensive sexual health education and HIV/AIDS prevention education, and would expressly prohibit active parental consent (“opt-in”) policies for HIV prevention education and comprehensive sexual health education.

Prior legislation. AB 1348 (Mansoor) of the 2011-12 Session would have prohibited students from receiving sexual health education or taking surveys about gender or sexual orientation without parental consent. That bill died in this Committee.

AB 2086 (Huff) of the 2007-08 Session would have required that parents be notified and be able to excuse their children from discussions of sexual orientation which occur outside of comprehensive sexual health education. That bill died in this Committee.

AB 629 (Brownley), Chapter 602, Statutes of 2007, enacted the Sexual Health Education Accountability Act and requires sexual health education programs to provide information that is medically accurate, current, and objective, include content that is age appropriate for its targeted population, be culturally and linguistically appropriate for its targeted populations, and provide information about the effectiveness and safety of at least one or more drug or device approved by the federal Food and Drug Administration for preventing pregnancy and for reducing the risk of contracting sexually transmitted diseases.

AB 2891 (La Malfa) of the 2005-06 Session, would have required parental permission before students could participate in tests, questionnaires, surveys, or examinations containing any questions regarding gender, or sexual orientation. That bill died in this Committee.

AB 349 (Mountjoy) of the 2005-06 Session would have required parental permission before students in grades 7-12 could receive instruction or counseling in specified sexual health education topics, and would have prohibited the discussion of those topics in grades K-6. That bill died in this Committee.

SB 71 (Kuehl), Chapter 650, Statutes of 2003, established the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act which consolidated various provisions relating to the instruction in the public schools on AIDS prevention, venereal disease and other sexually transmitted diseases, sex, and abstinence from sexual activity, and the manner in which parents or guardians may excuse their child from this instruction.

REGISTERED SUPPORT / OPPOSITION:

Support

California Catholic Conference

California Nurses for Ethical Standards

California Right to Life Committee

Capitol Resource Institute

Concerned Women of America of California

Faith and Public Policy

NOISE Coalition

1 individual

Opposition

Equality California

American Academy of Pediatrics, California

American Civil Liberties Union of California

California Communities United Institute

California Medical Association

National Association of Social Workers, California Chapter

Planned Parenthood Affiliates of California

California Association for Health, Physical Education, Recreation and Dance

1 individual

Analysis Prepared by:

Tanya Lieberman/ED./(916) 319-2087