(1)Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.

The bill would require the State Department of Education to monitor compliance with the requirements of the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs.

This bill would, on or before the start of the 202526 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health departments, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. The bill would require the governing board or body of a public school to designate one employee at each schoolsite to implement these provisions. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would make the implementation of these provisions contingent upon an appropriation.

The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.

(2)Existing law authorizes, to the extent that the activities are an allowable use of funds from the AIDS Drug Assistance Program Rebate Fund, the State Department of Public Health to spend up to $23,000,000 to implement specified programs and grants related to the treatment and prevention of HIV and AIDS, including by allocating $5,000,000 in the 202425 fiscal year to distribute funding to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1) if this bill is enacted.

This bill would require, if the State Department of Public Health or any other state agency distributes funding, including the above-described $5,000,000 allocation, to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1), the selected community-based organization to, among other things, act as a fiscal agent of the state agency, or partner with relevant state agencies, to procure condoms at a discount, as provided.

(3)Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.

This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.

(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 the statutory provisions noted above.

(1)Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.

The bill would require the State Department of Education to monitor compliance with the requirements of the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs.

This bill would, on or before the start of the 202526 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health departments, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. The bill would require the governing board or body of a public school to designate one employee at each schoolsite to implement these provisions. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would make the implementation of these provisions contingent upon an appropriation.

The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.

(2)Existing law authorizes, to the extent that the activities are an allowable use of funds from the AIDS Drug Assistance Program Rebate Fund, the State Department of Public Health to spend up to $23,000,000 to implement specified programs and grants related to the treatment and prevention of HIV and AIDS, including by allocating $5,000,000 in the 202425 fiscal year to distribute funding to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1) if this bill is enacted.

This bill would require, if the State Department of Public Health or any other state agency distributes funding, including the above-described $5,000,000 allocation, to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1), the selected community-based organization to, among other things, act as a fiscal agent of the state agency, or partner with relevant state agencies, to procure condoms at a discount, as provided.

(3)Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.

This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.

(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 the statutory provisions noted above.

(1)Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.

The bill would require the State Department of Education to monitor compliance with the requirements of the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs.

This bill would, on or before the start of the 202526 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health jurisdictions, departments, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. The bill would require the governing board or body of a public school to designate one employee at each schoolsite to implement these provisions. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would make the implementation of these provisions contingent upon an appropriation.

The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.

(2)Existing law authorizes, to the extent that the activities are an allowable use of funds from the AIDS Drug Assistance Program Rebate Fund, the State Department of Public Health to spend up to $23,000,000 to implement specified programs and grants related to the treatment and prevention of HIV and AIDS, including by allocating $5,000,000 in the 202425 fiscal year to distribute funding to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1) if this bill is enacted.

This bill would require, if the State Department of Public Health or any other state agency distributes funding, including the above-described $5,000,000 allocation, to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1), the selected community-based organization to, among other things, act as a fiscal agent of the state agency, or partner with relevant state agencies, to procure condoms at a discount, as provided.

(3)Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.

This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.

(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 the statutory provisions noted above.

(1)Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.

The bill would require the State Department of Education to monitor compliance with the requirements of the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs.

This bill would, on or before the start of the 202526 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health jurisdictions, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. The bill would require the governing board or body of a public school to designate one employee at each schoolsite to implement these provisions. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would make the implementation of these provisions contingent upon an appropriation.

The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.

(3)Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.

This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.

(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 the statutory provisions noted above.

(1)Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.

This bill would, in order to prevent and reduce unintended pregnancies and sexually transmitted infections, on or before the start of the 202526 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health jurisdictions, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. The bill would require the governing board or body of a public school to designate one employee at each schoolsite to implement these provisions. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would make the implementation of these provisions contingent upon an appropriation.

The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.

(2)Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.

This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.

(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, 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 the statutory provisions noted above.

(1)Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.

This bill would, in order to prevent and reduce unintended pregnancies and sexually transmitted infections, on or before the start of the 202526 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health jurisdictions, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would make the implementation of these provisions contingent upon an appropriation.

The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.

(2)Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.

This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.

(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, 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 the statutory provisions noted above.

(1)Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.

This bill would, in order to prevent and reduce unintended pregnancies and sexually transmitted infections, on or before the start of the 202526 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health jurisdictions, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. By imposing additional duties on public schools, the bill would impose a state-mandated local program.

The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.

(2)Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.

This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.

(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, 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 the statutory provisions noted above.

 VETO  

Bill No: SB 954

Author: Menjivar (D), et al.

Enrolled: 9/5/24

Vote: 27

SENATE EDUCATION COMMITTEE: 5-2, 3/20/24

AYES: Newman, Cortese, Glazer, Gonzalez, Smallwood-Cuevas

NOES: Ochoa Bogh, Wilk

SENATE HEALTH COMMITTEE: 9-1, 4/24/24

AYES: Roth, Glazer, Gonzalez, Hurtado, Limón, Menjivar, Rubio, Smallwood-Cuevas, Wiener

NOES: Nguyen

NO VOTE RECORDED: Grove

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/16/24

AYES: Caballero, Ashby, Becker, Bradford, Wahab

NOES: Jones, Seyarto

SENATE FLOOR: 29-9, 5/22/24

AYES: Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NOES: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

NO VOTE RECORDED: Allen, Archuleta

SENATE FLOOR: 31-9, 8/31/24

AYES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NOES: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

ASSEMBLY FLOOR: 63-7, 8/31/24 - See last page for vote

SUBJECT: Sexual health

SOURCE: Black Women for Wellness Action Project
California School-Based Health Alliance
Essential Access Health
Generation Up
Unite for Reproductive and Gender Equity

DIGEST:

This bill requires all public high schools to make condoms available to students by the start of the 2025-26 school year, and to provide information to students on the availability of condoms as well as other sexual health information, upon appropriation; prohibits public schools from preventing a school-based health center from making condoms available and easily accessible to students; and prohibits retail establishments from refusing to provide nonprescription contraception to a person solely on the basis of age.

ANALYSIS:

Existing law establishes the California Healthy Youth Act (CHYA), which requires local educational agencies (LEAs) to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school. (Education Code (EC) § 51933)

(See the Senate Education Committee analysis for the complete list and citations.)

This bill:

1. Requires each public school serving students in grades 9 to 12 to make internal and external condoms available to all students free of charge by the start of the 2025-26 school year to prevent and reduce unintended pregnancies and sexually transmitted infections (STIs).
2. Requires schools to place condoms in a minimum of two locations on school grounds where they are easily accessible to students during school hours without requiring assistance or permission from school staff.
3. Requires schools to inform students of the availability and location of the free condoms at the beginning of each school year through existing school communication channels.
4. Requires public schools to prominently post at least one notice regarding the availability of free condoms in appropriate areas that are accessible to and commonly frequented by students, and requires the notice to include specified information.
5. Requires public schools serving students in grades 7 to 12 to allow the distribution of condoms during the course of educational or public health programs and initiatives, including any of the following: community organizations or other entities providing instruction on the California Healthy Youth Act; pupil peer health programs, clubs, or groups; pupil health fairs conducted on campus; and school-based health center staff.
6. Encourages schools to explore partnerships with local health departments, community health centers, nonprofit organizations, and the California Department of Public Health (CDPH).
7. Requires, if the CDPH or other state agency distributes funding to a community-based organization (CBO) to make condoms available to schools, that the CBO has experience administering state-funded programs and distributing condoms statewide to reduce the risk of sexually transmitted infections and immunodeficiency virus (HIV) transmission among youth and meets specified conditions
8. Makes the implementation of these provisions contingent upon an appropriation for this purpose.
9. Requires the California Department of Education (CDE) to monitor compliance with the provisions of this bill as part of its annual compliance monitoring of state and federal programs.
10. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age.
11. Adds language to avoid chaptering out issues with AB 2058 (Weber) of the current legislative session.

Comments

1. Need for the bill. According to the author, “We cannot continue ignoring the STI epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. SB 954 aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. Investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year. This isn’t about a catchy headline but rather the health and safety of our youth.”
2. California Healthy Youth Act (CHYA). The CHYA took effect in 2003 and was initially known as the Comprehensive Sexual Health and HIV/AIDS Prevention Education Act. Originally, the act required LEAs to provide comprehensive sexual health education in any grade, including kindergarten, so long as it consisted of age-appropriate instruction and used instructors trained in the appropriate courses. Beginning in 2016 with AB 329 (Weber, Chapter 398, Statutes of 2015), the act was renamed the CHYA and, for the first time, required LEAs, excluding charter schools, to provide comprehensive sexual health education and HIV prevention education to all students at least once in middle school and at least once in high school. Charter schools must also provide that same instruction. From its inception in 2003 through today, the CHYA has always afforded parents the right to opt their child out of a portion, or all, of the instruction and required LEAs to notify parents and guardians of this right. Parents and guardians can exercise this right by informing the LEA in writing of their decision.

Comprehensive sexual health education in lower grades has always been, and remains, optional. Under existing law, for grades 6 and below, an LEA must “opt-in” to offer that instruction to students. The LEA is then required by law to notify parents and guardians of their right to “opt-out” their child, whether in part or completely. All instruction and materials in grades K–6 must meet the instructional criteria or baseline requirements of the CHYA and the content that is required in grades 7–12 may also be included in an age-appropriate way in earlier grades.

1. Health Education Framework (2019). On May 8, 2019, the State Board of Education (SBE) officially adopted the 2019 Health Education Curriculum Framework for California Public Schools (the Health Education Framework) after over two years of development. The Health Education Framework is aligned to the 2008 California Health Education Content Standards, which support the development of knowledge, skills, and attitudes in eight overarching standards: (a) essential health concepts; (b) analyzing health influences; (c) accessing valid health information; (d) interpersonal communication; (e) decision making; (f) goal setting; (g) practicing health-enhancing behaviors; and (h) health promotion in six content areas of health education, including sexual health.
2. Inequities persist. The STI crisis affects communities across the state, but California youth, people of color, and gay, bisexual, and transgender people are disproportionately impacted. CDPH reports that the highest STI rates continue to occur among young people between the ages of 15 and 24, Black/African Americans, and gay and bisexual men. Young people make up 46% of all new STIs in the country. Furthermore, African Americans are 500% more likely to contract gonorrhea and chlamydia than their white counterparts. CDC studies suggest a range of factors may contribute to rising STI rates, including inequitable access to health care and culturally competent medical services, race, poverty, stigma, discrimination, and drug use.

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

According to the Assembly Appropriations Committee, “Ongoing Proposition 98 General Fund or special fund cost pressures, of an unknown amount but potentially in the low millions of dollars annually, for schools to make internal and external condoms available to schools, contingent on appropriation. Costs ultimately would depend on how many condoms schools make available. The Budget Act of 2024 provides $5 million in special funds for these purposes over three years. Ongoing, likely minor, Proposition 98 General Fund cost pressures to schools to post notices with certain information and to designate one employee at each schoolsite to implement certain provisions of the bill, contingent on appropriation. Minor and absorbable ongoing General Fund costs to CDE to monitor school compliance with the California Healthy Youth Act.”

SUPPORT: (Verified 10/10/24)

Black Women for Wellness Action Project (co-source)
California School-Based Health Alliance (co-source)
Essential Access Health (co-source)
Generation Up (co-source)
Unite for Reproductive and Gender Equity (co-source)
Access Reproductive Justice
Aids Healthcare Foundation
Alameda County Board of Supervisors
Alliance for Children’s Rights
American Academy of Pediatrics, California
American Atheists
American Civil Liberties Union California Action
American College of Obstetricians and Gynecologists District IX
American Nurses Association/California
APLA Health
Asian Americans Advancing Justice-Southern California
Atheists United Los Angeles
Bienestar Human Services
Buen Vecino
California Academy of Preventive Medicine
California Association for Health, Physical Education, Recreation & Dance
California Coalition for Youth
California Latinas for Reproductive Justice
California Legislative LGBTQ Caucus
California Nurse-Midwives Association
California Pan - Ethnic Health Network
California Primary Care Association Advocates
California Teachers Association
California Women’s Law Center
Children Now
Christie’s Place
Citizens for Choice
Community Health Councils
Courage California
Equality California
GLIDE
Health Officers Association of California
Indivisible CA StateStrong
Junior Leagues of California State Public Affairs Committee
Latino Coalition for A Healthy California
Los Angeles LGBT Center
Maternal and Child Health Access
National Center for Youth Law
National Health Law Program
Period @ Irvine, CA
Planned Parenthood Affiliates of California
Radiant Health Centers
Raizes Collective
Reproductive Freedom for All California
Sacramento LGBT Community Center
San Francisco Aids Foundation
San Francisco Unified School District
SF Black and Jewish Unity Coalition
Solano County Democratic Central Committee
Teens for Vaccines
The Children’s Partnership
The Los Angeles Trust for Children’s Health
The Source LGBT+ Center
Training in Early Abortion for Comprehensive Health Care
Voters of Tomorrow
Women’s Foundation California
Women’s Health Specialists
Young Invincibles

2 Individuals

OPPOSITION: (Verified 10/10/24)

California Baptist for Biblical Values

California Family Council

Concerned Women for America

Lighthouse Baptist Church

Real Impact

24 Individuals

GOVERNOR'S VETO MESSAGE:

This bill, on or before the start of the 2025-26 school year and contingent upon an appropriation, requires public schools to make condoms available for free to all students in grades 9 through 12, place condoms in a minimum of two locations on school grounds, and provide specified sexual health notices, and requires that one employee at each school site be designated to implement the provisions of the bill.

I thank the author and sponsors for their commitment to the health and safety of California's youth. While this bill is contingent on an appropriation, it creates significant ongoing Proposition 98 General Fund cost pressures in the millions and these ongoing costs were not accounted for in the 2024 Budget Act. I vetoed a similar bill last year, conveying that the bill created an unfunded mandate that should be considered as part of the annual budget process. While the author successfully championed $5 million for a similarly aligned purpose in this year's budget, one-time funding does not adequately address the fiscal concerns associated with this bill.

In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.

For this reason, I cannot sign this bill.

ASSEMBLY FLOOR: 63-7, 8/31/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Davies, Flora, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Megan Dahle, Dixon, Essayli, Gallagher, Jim Patterson, Joe Patterson, Sanchez

NO VOTE RECORDED: Calderon, Chen, Hoover, Lackey, Ortega, Ramos, Ta, Villapudua, Weber

Prepared by: Kordell Hampton / ED. / (916) 651-4105

10/11/24 12:28:08

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 954

Author: Menjivar (D), et al.

Amended: 8/27/24

Vote: 21

SENATE EDUCATION COMMITTEE: 5-2, 3/20/24

AYES: Newman, Cortese, Glazer, Gonzalez, Smallwood-Cuevas

NOES: Ochoa Bogh, Wilk

SENATE HEALTH COMMITTEE: 9-1, 4/24/24

AYES: Roth, Glazer, Gonzalez, Hurtado, Limón, Menjivar, Rubio, Smallwood-Cuevas, Wiener

NOES: Nguyen

NO VOTE RECORDED: Grove

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/16/24

AYES: Caballero, Ashby, Becker, Bradford, Wahab

NOES: Jones, Seyarto

SENATE FLOOR: 29-9, 5/22/24

AYES: Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NOES: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

NO VOTE RECORDED: Allen, Archuleta

ASSEMBLY FLOOR: 51-3, 8/31/24 – Roll call not available

SUBJECT: Sexual health

SOURCE: Black Women for Wellness Action Project
California School-Based Health Alliance
Essential Access Health
Generation Up
Unite for Reproductive and Gender Equity

DIGEST:

This bill requires all public high schools to make condoms available to students by the start of the 2025-26 school year, and to provide information to students on the availability of condoms as well as other sexual health information, upon appropriation; prohibits public schools from preventing a school-based health center from making condoms available and easily accessible to students; and prohibits retail establishments from refusing to provide nonprescription contraception to a person solely on the basis of age.

Assembly Amendments

1. Requires the governing board or body of a public school to designate one employee at each schoolsite.
2. Specifies that if the State Department of Public Health or any other state agency distributes funding to a community-based organization to make internal and external condoms the selected community-based organization shall have experience administering state-funded programs and distributing condoms statewide to reduce the risk of sexually transmitted infections and immunodeficiency virus (HIV) transmission among youth and selected community-based organization must perform certain task as specified.
3. Aligns the definition of “local health department, with an existing definition in Health and Safety Code.

ANALYSIS:

Existing Law:

1. Establishes the California Healthy Youth Act (CHYA), which requires local educational agencies (LEAs) to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school. (Education Code (EC) § 51933)
2. Authorizes an LEA to contract with outside consultants or guest speakers, including those who have developed multilingual curricula or curricula accessible to persons with disabilities, to deliver 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. (EC § 51936)
3. Requires that pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education at least once in junior high or middle school and at least once in high school. (EC § 51934)

4) Requires that the instruction and related instructional materials be, among other things:

a) Age appropriate.

b) Medically accurate and objective.

c) Appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.

d) 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.

e) Accessible to pupils with disabilities. (EC § 51934)

1. Authorizes an LEA to provide comprehensive sexual health education and HIV prevention education earlier than grade 7 using instructors trained in the appropriate courses and age-appropriate and medically-accurate information. (EC § 51933)
2. Requires LEAs to provide parents and guardians with a notice 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 the following:

a) About instruction in comprehensive sexual health education and HIV prevention education and research on pupil health behaviors and risks planned for the coming year.

b) Advise the parent or guardian that the educational materials used in sexual health education are available for inspection.

c) Advise the parent or guardian whether the comprehensive sexual health education or HIV prevention education will be taught by school district personnel or by outside consultant, as provided.

d) Advise the parent or guardian that the parent or guardian has the right to excuse their child from comprehensive sexual health education and HIV prevention education and that in order to excuse their child they must state their request in writing to the LEA. (EC § 51938)

1. Provides that the parent or guardian of a pupil has the right to excuse their child from all or part of that education, including related assessments, through a passive consent (“opt-out”) process. (EC § 51938)

This bill:

1. Requires each public school serving students in grades 9 to 12 to make internal and external condoms available to all students free of charge by the start of the 2025-26 school year to prevent and reduce unintended pregnancies and sexually transmitted infections (STIs).
2. Requires schools to place condoms in a minimum of two locations on school grounds where they are easily accessible to students during school hours without requiring assistance or permission from school staff.
3. Requires schools to inform students of the availability and location of the free condoms at the beginning of each school year through existing school communication channels.
4. Requires public schools to prominently post at least one notice regarding the availability of free condoms in appropriate areas that are accessible to and commonly frequented by students, and requires the notice to include specified information.
5. Requires public schools serving students in grades 7 to 12 to allow the distribution of condoms during the course of educational or public health programs and initiatives, including any of the following: community organizations or other entities providing instruction on the California Healthy Youth Act; pupil peer health programs, clubs, or groups; pupil health fairs conducted on campus; and school-based health center staff.
6. Encourages schools to explore partnerships with local health departments, community health centers, nonprofit organizations, and the California Department of Public Health (CDPH).
7. Requires, if the California Department of Public Health (CDPH) or other state agency distributes funding to a community-based organization (CBO) to make condoms available to schools, that the CBO has experience administering state-funded programs and distributing condoms statewide to reduce the risk of sexually transmitted infections and immunodeficiency virus (HIV) transmission among youth and meets specified conditions
8. Makes the implementation of these provisions contingent upon an appropriation for this purpose.
9. Requires the CDE to monitor compliance with the provisions of this bill as part of its annual compliance monitoring of state and federal programs.
10. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age.
11. Adds language to avoid chaptering out issues with AB 2058 (Weber) of the current legislative session.

Comments

1. Need for the bill. According to the author, “We cannot continue ignoring the STI epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. SB 954 aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. Investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year. This isn’t about a catchy headline but rather the health and safety of our youth.”
2. California Healthy Youth Act. The CHYA took effect in 2003 and was initially known as the Comprehensive Sexual Health and HIV/AIDS Prevention Education Act. Originally, the act required LEAs to provide comprehensive sexual health education in any grade, including kindergarten, so long as it consisted of age-appropriate instruction and used instructors trained in the appropriate courses. Beginning in 2016 with AB 329 (Weber, 2015), the act was renamed the CHYA and, for the first time, required LEAs, excluding charter schools, to provide comprehensive sexual health education and HIV prevention education to all students at least once in middle school and at least once in high school. Charter schools must also provide that same instruction. From its inception in 2003 through today, the CHYA has always afforded parents the right to opt their child out of a portion, or all, of the instruction and required LEAs to notify parents and guardians of this right. Parents and guardians can exercise this right by informing the LEA in writing of their decision.

Comprehensive sexual health education in lower grades has always been, and remains, optional. Under existing law, for grades 6 and below, an LEA must “opt-in” to offer that instruction to students. The LEA is then required by law to notify parents and guardians of their right to “opt-out” their child, whether in part or completely. All instruction and materials in grades K–6 must meet the instructional criteria or baseline requirements of the CHYA and the content that is required in grades 7–12 may also be included in an age-appropriate way in earlier grades.

1. Health Education Framework (2019). On May 8, 2019, the State Board of Education (SBE) officially adopted the 2019 Health Education Curriculum Framework for California Public Schools (the Health Education Framework) after over two years of development. The Health Education Framework is aligned to the 2008 California Health Education Content Standards, which support the development of knowledge, skills, and attitudes in eight overarching standards: (1) essential health concepts; (2) analyzing health influences; (3) accessing valid health information; (4) interpersonal communication; (5) decision making; (6) goal setting; (7) practicing health-enhancing behaviors; and (8) health promotion in six content areas of health education, including sexual health.
2. Inequities persist. The STI crisis affects communities across the state, but California youth, people of color, and gay, bisexual, and transgender people are disproportionately impacted. CDPH reports that the highest STI rates continue to occur among young people between the ages of 15 and 24, Black/African Americans, and gay and bisexual men. Young people make up 46% of all new STIs in the country. Furthermore, African Americans are 500% more likely to contract gonorrhea and chlamydia than their white counterparts. CDC studies suggest a range of factors may contribute to rising STI rates, including inequitable access to health care and culturally competent medical services, race, poverty, stigma, discrimination, and drug use.

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

According to the Assembly Appropriations Committee, “Ongoing Proposition 98 General Fund or special fund cost pressures, of an unknown amount but potentially in the low millions of dollars annually, for schools to make internal and external condoms available to schools, contingent on appropriation. Costs ultimately would depend on how many condoms schools make available. The Budget Act of 2024 provides $5 million in special funds for these purposes over three years. Ongoing, likely minor, Proposition 98 General Fund cost pressures to schools to post notices with certain information and to designate one employee at each schoolsite to implement certain provisions of the bill, contingent on appropriation. Minor and absorbable ongoing General Fund costs to CDE to monitor school compliance with the California Healthy Youth Act.”

SUPPORT: (Verified 8/28/24)

Black Women for Wellness Action Project (co-source)
California School-Based Health Alliance (co-source)
Essential Access Health (co-source)
Generation Up (co-source)
Unite for Reproductive and Gender Equity (co-source)
Access Reproductive Justice
Aids Healthcare Foundation
Alameda County Board of Supervisors
Alliance for Children’s Rights
American Academy of Pediatrics, California
American Atheists
American Civil Liberties Union California Action
American College of Obstetricians and Gynecologists District IX
American Nurses Association/California
APLA Health
Asian Americans Advancing Justice-Southern California
Atheists United Los Angeles
Bienestar Human Services
Buen Vecino
California Academy of Preventive Medicine
California Association for Health, Physical Education, Recreation & Dance
California Coalition for Youth
California Latinas for Reproductive Justice
California Legislative LGBTQ Caucus
California Nurse-Midwives Association
California Pan - Ethnic Health Network
California Primary Care Association Advocates
California Teachers Association
California Women’s Law Center
Children Now
Christie’s Place
Citizens for Choice
Community Health Councils
Courage California
Equality California
Generation Up
GLIDE
Health Officers Association of California
Indivisible CA StateStrong
Junior Leagues of California State Public Affairs Committee
Latino Coalition for A Healthy California
Los Angeles LGBT Center
Maternal and Child Health Access
National Center for Youth Law
National Health Law Program
Period @ Irvine, CA
Planned Parenthood Affiliates of California
Radiant Health Centers
Raizes Collective
Reproductive Freedom for All California
Sacramento LGBT Community Center
San Francisco Aids Foundation
San Francisco Unified School District
SF Black and Jewish Unity Coalition
Solano County Democratic Central Committee
Teens for Vaccines
The Children’s Partnership
The Los Angeles Trust for Children’s Health
The Source LGBT+ Center
Training in Early Abortion for Comprehensive Health Care
Voters of Tomorrow
Women’s Foundation California
Women’s Health Specialists
Young Invincibles

2 Individuals

OPPOSITION: (Verified 8/28/24)

California Baptist for Biblical Values

California Family Council

Concerned Women for America

Lighthouse Baptist Church

Real Impact

23 Individuals

Prepared by: Kordell Hampton / ED. / (916) 651-4105

8/31/24 18:15:11

**** END ****

SENATE THIRD READING

STR Bill Id:SB 954

Author:(Menjivar)

As Amended Ver:August 27, 2024

Majority vote

SUMMARY

Requires all public high schools to make condoms available to students by the start of the 2025-26 school year and to provide information to students on the availability of condoms as well as other sexual health information; prohibits public schools from preventing a school-based health center from making condoms available and easily accessible to students; and prohibits retail establishments from refusing to provide nonprescription contraception to a person solely on the basis of age.

Major Provisions

1. Requires each public school serving students in grades 9 to 12 to make internal and external condoms available to all students free of charge by the start of the 2025-26 school year to prevent and reduce unintended pregnancies and sexually transmitted infections (STIs).
2. Requires schools to place condoms in a minimum of two locations on school grounds where they are easily accessible to students during school hours without requiring assistance or permission from school staff.
3. Requires schools to inform students of the availability and location of the free condoms at the beginning of each school year through existing school communication channels.
4. Requires public schools to prominently post at least one notice regarding the availability of free condoms in appropriate areas that are accessible to and commonly frequented by students, and requires the notice to include specified information.
5. Requires public schools serving students in grades 7 to 12 to allow the distribution of condoms during the course of educational or public health programs and initiatives, including any of the following: community organizations or other entities providing instruction on the California Healthy Youth Act; pupil peer health programs, clubs, or groups; pupil health fairs conducted on campus; and school-based health center staff.
6. Encourages schools to explore partnerships with local health departments, community health centers, nonprofit organizations, and the California Department of Public Health (CDPH).
7. Requires, if the California Department of Public Health (CDPH) or other state agency distributes funding to a community-based organization (CBO) to make condoms available to schools, that the CBO has experience administering state-funded programs and distributing condoms statewide to reduce the risk of sexually transmitted infections and immunodeficiency virus (HIV) transmission among youth and meets specified conditions
8. Makes the implementation of these provisions contingent upon an appropriation for this purpose.
9. Requires the CDE to monitor compliance with the provisions of this bill as part of its annual compliance monitoring of state and federal programs.
10. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age.
11. Adds language to avoid chaptering out issues with AB 2058 (Weber) of the current legislative session.

COMMENTS

Access to condoms by adolescents. The external condom remains the most popular contraceptive method among adolescents. Data from the Centers for Disease Control and Prevention’s (CDC) 2017 Youth Risk Behavior Surveillance (YRBS) reported that while overall sexual activity decreased among high school students, barrier method use (referred to as condom use in the YRBS) also declined among sexually active adolescents. Among sexually active high school students, 54% reported condom use during their last sexual encounter, a decline from 62% in 2007. Among 12th-grade students, 57% reported ever being sexually active, but they had the lowest use of condoms among all grades. (Grubb, 2020)

In a survey of California youth in January 2024, 68% of teens indicated that they do not have access to condoms in schools. (Teen Source, 2024) In 2017, the Society for Adolescent Health and Medicine published a position statement, “Condom Availability in Schools: A Practical Approach to the Prevention of Sexually Transmitted Infection/HIV and Unintended Pregnancy,” recommending increased barrier method availability at schools. Studies have found that school condom programs do not increase sexual activity, the number of sexual partners, or risky behaviors. (Grubb, 2020)

According to the Author

“We cannot continue ignoring the STI epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. SB 954 aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. Investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year. This isn’t about a catchy headline but rather the health and safety of our youth.”

Arguments in Support

The American Academy of Pediatricians writes, “The California Healthy Youth Act has already made significant strides in ensuring that students receive comprehensive sexual health education and HIV prevention education. However, access to contraceptives remains a crucial component of sexual health care that must be addressed.

Providing access to condoms in schools is not only a matter of promoting safer sex practices but also a means of empowering students to make informed choices about their sexual health. Research has consistently shown that access to condoms in schools can lead to a decrease in rates of unintended pregnancies and STIs among adolescents. By making condoms readily available on school grounds, SB 954 has the potential to positively impact the health and well-being of California's youth.

SB 954 emphasizes the importance of education by requiring schools to inform students about the availability of free condoms and how to use them properly. This educational component is essential for ensuring that students are equipped with the knowledge and skills they need to protect themselves and their partners. Students deserve access to comprehensive sexual health education and resources that support their well-being. By supporting SB 954, we can take a proactive approach to promoting healthy behaviors and reducing the risk of unintended consequences associated with sexual activity.”

Arguments in Opposition

The Concerned Women for America Legislative Action Committee writes, “SB 954 requires public schools, grades 7 to 12, to provide condoms to students through partnerships with various providers and school-based health centers. This policy does not serve an educational purpose; rather, this topic is a discussion and decision best left to families.

Providing condoms in schools, including unsupervised areas where even staff are not available to counsel students, interferes with a parent’s right to decide when such decisions are appropriate for their children. While we appreciate that information about abstaining from sexual activity as the only certain prevention of pregnancy and STIs is at least provided on notices, the availability of free condoms creates a mixed message.

The public schools’ promotion of safe sex through condoms puts more children at risk of emotional, physical, and social harm. Development of a child’s self-esteem, including the courage to say no or to wait before engaging in sexual activity, is safer than condoms. SB 954 pressures schools, peers, and families to accept the idea of safe sex through external rather than internal means. Further, the bill forces merchants to sell condoms and other contraceptives to children of any age. This not only infringes upon their right to run their business based on their conscience and better judgment but could also aid and abet sex trafficking.”

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Ongoing Proposition 98 General Fund or special fund cost pressures, of an unknown amount but potentially in the low millions of dollars annually, for schools to make internal and external condoms available to schools, contingent on appropriation. Costs ultimately would depend on how many condoms schools make available.
2. The Budget Act of 2024 provides $5 million in special funds for these purposes over three years
3. Ongoing, likely minor, Proposition 98 General Fund cost pressures to schools to post notices with certain information and to designate one employee at each schoolsite to implement certain provisions of the bill, contingent on appropriation.
4. If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to schools or provide funding through the K-12 Mandate Block Grant.
5. Minor and absorbable ongoing General Fund costs to CDE to monitor school compliance with the California Healthy Youth Act.

VOTES

SENATE FLOOR: 29-9-2

YES: Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

ABS, ABST OR NV: Allen, Archuleta

ASM EDUCATION: 5-0-2

YES: Muratsuchi, Addis, Alvarez, Bonta, McCarty

ABS, ABST OR NV: Flora, Hoover

ASM HEALTH: 14-2-0

YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Wood, Jackson, McCarty, Rodriguez, Santiago, Schiavo, Weber

NO: Joe Patterson, Sanchez

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Ta

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: August 27, 2024

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0004773

SENATE THIRD READING

STR Bill Id:SB 954

Author:(Menjivar)

As Amended Ver:August 22, 2024

Majority vote

SUMMARY

Requires all public high schools to make condoms available to students by the start of the 2025-26 school year and to provide information to students on the availability of condoms as well as other sexual health information; prohibits public schools from preventing a school-based health center from making condoms available and easily accessible to students; and prohibits retail establishments from refusing to provide nonprescription contraception to a person solely on the basis of age.

Major Provisions

1. Requires each public school serving students in grades nine to 12 to make internal and external condoms available to all students free of charge by the start of the 2025-26 school year to prevent and reduce unintended pregnancies and sexually transmitted infections (STIs).
2. Requires schools to place condoms in a minimum of two locations on school grounds where they are easily accessible to students during school hours without requiring assistance or permission from school staff.
3. Requires schools to inform students of the availability and location of the free condoms at the beginning of each school year through existing school communication channels.
4. Requires public schools to prominently post at least one notice regarding the availability of free condoms in appropriate areas that are accessible to and commonly frequented by students, and requires the notice to include specified information.
5. Requires public schools serving students in grades seven to 12 to allow the distribution of condoms during the course of educational or public health programs and initiatives, including any of the following: community organizations or other entities providing instruction on the California Healthy Youth Act; pupil peer health programs, clubs, or groups; pupil health fairs conducted on campus; and school-based health center staff.
6. Encourages schools to explore partnerships with local health departments, community health centers, nonprofit organizations, and the California Department of Public Health (CDPH).
7. Requires, if the California Department of Public Health (CDPH) or other state agency distributes funding to a community-based organization (CBO) to make condoms available to schools, that the CBO has experience administering state-funded programs and distributing condoms statewide to reduce the risk of sexually transmitted infections and immunodeficiency virus (HIV) transmission among youth and meets specified conditions.
8. Makes the implementation of these provisions contingent upon an appropriation for this purpose.
9. Requires the CDE to monitor compliance with the provisions of this bill as part of its annual compliance monitoring of state and federal programs.
10. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age.

COMMENTS

Access to condoms by adolescents. The external condom remains the most popular contraceptive method among adolescents. Data from the Centers for Disease Control and Prevention's (CDC) 2017 Youth Risk Behavior Surveillance (YRBS) reported that while overall sexual activity decreased among high school students, barrier method use (referred to as condom use in the YRBS) also declined among sexually active adolescents. Among sexually active high school students, 54% reported condom use during their last sexual encounter, a decline from 62% in 2007. Among 12th-grade students, 57% reported ever being sexually active, but they had the lowest use of condoms among all grades. (Grubb, 2020)

In a survey of California youth in January 2024, 68% of teens indicated that they do not have access to condoms in schools. (Teen Source, 2024) In 2017, the Society for Adolescent Health and Medicine published a position statement, "Condom Availability in Schools: A Practical Approach to the Prevention of Sexually Transmitted Infection/HIV and Unintended Pregnancy," recommending increased barrier method availability at schools. Studies have found that school condom programs do not increase sexual activity, the number of sexual partners, or risky behaviors. (Grubb, 2020)

According to the Author

"We cannot continue ignoring the STI epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. SB 954 aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. Investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year. This isn't about a catchy headline but rather the health and safety of our youth."

Arguments in Support

The American Academy of Pediatricians writes, "The California Healthy Youth Act has already made significant strides in ensuring that students receive comprehensive sexual health education and HIV prevention education. However, access to contraceptives remains a crucial component of sexual health care that must be addressed.

Providing access to condoms in schools is not only a matter of promoting safer sex practices but also a means of empowering students to make informed choices about their sexual health. Research has consistently shown that access to condoms in schools can lead to a decrease in rates of unintended pregnancies and STIs among adolescents. By making condoms readily available on school grounds, SB 954 has the potential to positively impact the health and well-being of California's youth.

SB 954 emphasizes the importance of education by requiring schools to inform students about the availability of free condoms and how to use them properly. This educational component is essential for ensuring that students are equipped with the knowledge and skills they need to protect themselves and their partners. Students deserve access to comprehensive sexual health education and resources that support their well-being. By supporting SB 954, we can take a proactive approach to promoting healthy behaviors and reducing the risk of unintended consequences associated with sexual activity."

Arguments in Opposition

The Concerned Women for America Legislative Action Committee writes, "SB 954 requires public schools, grades 7 to 12, to provide condoms to students through partnerships with various providers and school-based health centers. This policy does not serve an educational purpose; rather, this topic is a discussion and decision best left to families.

Providing condoms in schools, including unsupervised areas where even staff are not available to counsel students, interferes with a parent's right to decide when such decisions are appropriate for their children. While we appreciate that information about abstaining from sexual activity as the only certain prevention of pregnancy and STIs is at least provided on notices, the availability of free condoms creates a mixed message.

The public schools' promotion of safe sex through condoms puts more children at risk of emotional, physical, and social harm. Development of a child's self-esteem, including the courage to say no or to wait before engaging in sexual activity, is safer than condoms. SB 954 pressures schools, peers, and families to accept the idea of safe sex through external rather than internal means. Further, the bill forces merchants to sell condoms and other contraceptives to children of any age. This not only infringes upon their right to run their business based on their conscience and better judgment but could also aid and abet sex trafficking."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Ongoing Proposition 98 General Fund or special fund cost pressures, of an unknown amount but potentially in the low millions of dollars annually, for schools to make internal and external condoms available to schools, contingent on appropriation. Costs ultimately would depend on how many condoms schools make available.
2. The Budget Act of 2024 provides $5 million in special funds for these purposes over three years.
3. Ongoing, likely minor, Proposition 98 General Fund cost pressures to schools to post notices with certain information and to designate one employee at each schoolsite to implement certain provisions of the bill, contingent on appropriation.
4. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to schools or provide funding through the K-12 Mandate Block Grant.
5. Minor and absorbable ongoing General Fund costs to CDE to monitor school compliance with the California Healthy Youth Act.

VOTES

SENATE FLOOR: 29-9-2

YES: Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

ABS, ABST OR NV: Allen, Archuleta

ASM EDUCATION: 5-0-2

YES: Muratsuchi, Addis, Alvarez, Bonta, McCarty

ABS, ABST OR NV: Flora, Hoover

ASM HEALTH: 14-2-0

YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Wood, Jackson, McCarty, Rodriguez, Santiago, Schiavo, Weber

NO: Joe Patterson, Sanchez

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Ta

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: August 22, 2024

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0004478

SENATE THIRD READING

STR Bill Id:SB 954

Author:(Menjivar)

As Amended Ver:August 19, 2024

Majority vote

SUMMARY

Requires all public high schools to make condoms available to students by the start of the 2025-26 school year, and to provide information to students on the availability of condoms as well as other sexual health information; prohibits public schools from preventing a school-based health center from making condoms available and easily accessible to students; and prohibits retail establishments from refusing to provide nonprescription contraception to a person solely on the basis of age.

Major Provisions

1. Requires each public school serving students in grades 9 to 12 to make internal and external condoms available to all students free of charge by the start of the 2025-26 school year to prevent and reduce unintended pregnancies and sexually transmitted infections (STIs).
2. Requires schools to place condoms in a minimum of two locations on school grounds where they are easily accessible to students during school hours without requiring assistance or permission from school staff.
3. Requires schools to inform students of the availability and location of the free condoms at the beginning of each school year through existing school communication channels.
4. Requires public schools to prominently post at least one notice regarding the availability of free condoms in appropriate areas that are accessible to, and commonly frequented by, students, and requires the notice to include specified information.
5. Requires public schools serving students in grades 7 to 12 to allow the distribution of condoms during the course of educational or public health programs and initiatives, including any of the following: community organizations or other entities providing instruction on the California Healthy Youth Act; pupil peer health programs, clubs, or groups; pupil health fairs conducted on campus; and school-based health center staff.
6. Requires, if the California Department of Public Health (CDPH) or other state agency distributes funding to a community-based organization (CBO) to make condoms available to schools, that the CBO has experience administering state-funded programs and distributing condoms statewide to reduce the risk of sexually transmitted infections and immunodeficiency virus (HIV) transmission among youth.
7. Requires a CBO, as a condition of receiving funding pursuant to 6) above, to do all of the following:
   1. Act as a fiscal agent of the state agency from which it receives funds, or partner with relevant state agencies, to procure condoms at a discount, or utilize established statewide contracts to procure condoms at a discount.
   2. Engage stakeholders, including the Office of AIDS and the CDPH, in developing the condom distribution framework.
   3. Use no more than 15% of the funds for administrative costs.
8. Makes the implementation of these provisions contingent upon an appropriation for this purpose.
9. Requires the CDE to monitor compliance with the provisions of this bill as part of its annual compliance monitoring of state and federal programs.
10. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age.

COMMENTS

Access to condoms by adolescents. The external condom remains the most popular contraceptive method among adolescents. Data from the Centers for Disease Control and Prevention's (CDC) 2017 Youth Risk Behavior Surveillance (YRBS) reported that while overall sexual activity decreased among high school students, barrier method use (referred to as condom use in the YRBS) also declined among sexually active adolescents. Among sexually active high school students, 54% reported condom use during their last sexual encounter, a decline from 62% in 2007. Among 12th-grade students, 57% reported ever being sexually active, but they had the lowest use of condoms among all grades. (Grubb, 2020)

In a survey of California youth in January 2024, 68% of teens indicated that they do not have access to condoms in schools. (Teen Source, 2024) In 2017, the Society for Adolescent Health and Medicine published a position statement, "Condom Availability in Schools: A Practical Approach to the Prevention of Sexually Transmitted Infection/HIV and Unintended Pregnancy," recommending increased barrier method availability at schools. Studies have found that school condom programs do not increase sexual activity, the number of sexual partners, or risky behaviors. (Grubb, 2020)

According to the Author

"We cannot continue ignoring the STI epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. SB 954 aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. Investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year. This isn't about a catchy headline but rather the health and safety of our youth."

Arguments in Support

The American Academy of Pediatricians writes, "The California Healthy Youth Act has already made significant strides in ensuring that students receive comprehensive sexual health education and HIV prevention education. However, access to contraceptives remains a crucial component of sexual health care that must be addressed.

Providing access to condoms in schools is not only a matter of promoting safer sex practices but also a means of empowering students to make informed choices about their sexual health. Research has consistently shown that access to condoms in schools can lead to a decrease in rates of unintended pregnancies and STIs among adolescents. By making condoms readily available on school grounds, SB 954 has the potential to positively impact the health and well-being of California's youth.

SB 954 emphasizes the importance of education by requiring schools to inform students about the availability of free condoms and how to use them properly. This educational component is essential for ensuring that students are equipped with the knowledge and skills they need to protect themselves and their partners. Students deserve access to comprehensive sexual health education and resources that support their well-being. By supporting SB 954, we can take a proactive approach to promoting healthy behaviors and reducing the risk of unintended consequences associated with sexual activity."

Arguments in Opposition

The Concerned Women for America Legislative Action Committee writes, "SB 954 requires public schools, grades 7 to 12, to provide condoms to students through partnerships with various providers and school-based health centers. This policy does not serve an educational purpose; rather, this topic is a discussion and decision best left to families.

Providing condoms in schools, including unsupervised areas where even staff are not available to counsel students, interferes with a parent's right to decide when such decisions are appropriate for their children. While we appreciate that information about abstaining from sexual activity as the only certain prevention of pregnancy and STIs is at least provided on notices, the availability of free condoms creates a mixed message.

The public schools' promotion of safe sex through condoms puts more children at risk of emotional, physical, and social harm. Development of a child's self-esteem, including the courage to say no or to wait before engaging in sexual activity, is safer than condoms. SB 954 pressures schools, peers, and families to accept the idea of safe sex through external rather than internal means. Further, the bill forces merchants to sell condoms and other contraceptives to children of any age. This not only infringes upon their right to run their business based on their conscience and better judgment but could also aid and abet sex trafficking."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Ongoing Proposition 98 General Fund or special fund cost pressures, of an unknown amount but potentially in the low millions of dollar annually, for schools to make internal and external condoms available to schools, contingent on appropriation. Costs ultimately would depend on how many condoms schools make available.

The Budget Act of 2024 provides $5 million in special funds for these purposes over three years.

1. Ongoing, likely minor, Proposition 98 General Fund cost pressures to schools to post notices with certain information and to designate one employee at each schoolsite to implement certain provisions of the bill, contingent on appropriation.

If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to schools or provide funding through the K-12 Mandate Block Grant.

1. Minor and absorbable ongoing General Fund costs to CDE to monitor school compliance with the California Healthy Youth Act.

VOTES

SENATE FLOOR: 29-9-2

YES: Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

ABS, ABST OR NV: Allen, Archuleta

ASM EDUCATION: 5-0-2

YES: Muratsuchi, Addis, Alvarez, Bonta, McCarty

ABS, ABST OR NV: Flora, Hoover

ASM HEALTH: 14-2-0

YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Wood, Jackson, McCarty, Rodriguez, Santiago, Schiavo, Weber

NO: Joe Patterson, Sanchez

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Ta

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: August 19, 2024

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0004055

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 954

Author:(Menjivar) – As Amended Ver:June 3, 2024

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

SUMMARY:

This bill requires, contingent on appropriation, schools to make condoms available free of charge to all students in grades nine through 12. The bill also prohibits retailers from requiring customers to present proof of age to purchase condoms.

Specifically, this bill:

1. Requires, by the start of the 2025-26 school year, each public school to make internal and external condoms available to all pupils in grades nine to 12 free of charge. The bill requires schools to place condoms at a minimum of two locations on school grounds where the condoms are easily accessible to pupils during school hours without requiring assistance or permission from school staff.
2. Requires these public schools to inform students through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds at the beginning of each school year. The bill also requires a public school to post at least one notice regarding these requirements. The notice also must include other information, including the contact information for a designated individual responsible for maintaining the requisite supply of condoms and information about how to use condoms properly.
3. Requires each public school serving any of grades seven to 12 to allow the distribution of condoms during the course of, or in connection with, educational or public health programs and initiatives. The bill requires the governing board or body of a public school to designate one employee at each schoolsite to implement items 1, 2, and 3.
4. Prohibits a school maintaining any combination of classrooms from grades seven to 12 from prohibiting a school-based health center from making internal and external condoms available and easily accessible to students at the school-based health center site.
5. Requires the California Department of Education (CDE) to monitor school compliance with the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs.
6. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of their age by means of any conduct, including requiring the customer to present identification for purposes of demonstrating their age.

FISCAL EFFECT:

1. Ongoing Proposition 98 General Fund or special fund cost pressures, of an unknown amount but potentially in the low millions of dollar annually, for schools to make internal and external condoms available to schools, contingent on appropriation. Costs ultimately would depend on how many condoms schools make available.

According to the California Department of Education, 1.9 million students enrolled in grades nine through 12 in over 4,000 schools in the 2022-23 school year. According to Planned Parenthood, external condoms usually cost less than $1 each if bought in packs of 12 or more on the private market. Internal condoms cost significantly more. The California Department of Public Health (CDPH) provides discounted rates to certain entities of external condoms, which are $100 per 1,000, and internal condoms, which are $730 per 500. If each school serving students in grades nine through 12 provided 1,000 external condoms and 500 internal condoms at the CDPH rates, costs would be in the low millions statewide annually. Costs could be less or more depending on the number of condoms provided, the cost of those condoms, and the locations of those condoms.

The Budget Act of 2024 provides $5 million in special funds for these purposes over three years, as described in comment 1, below.

1. Ongoing, likely minor, Proposition 98 General Fund cost pressures to schools to post notices with certain information and to designate one employee at each schoolsite to implement certain provisions of the bill, contingent on appropriation.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to schools or provide funding through the K-12 Mandate Block Grant.

1. Minor and absorbable ongoing General Fund costs to CDE to monitor school compliance with the California Healthy Youth Act.

COMMENTS:

1. Background.

Sexual Health Education. AB 329 (Weber), Chapter 398, Statutes of 2016, known as the California Healthy Youth Act, requires local educational agencies to provide comprehensive sexual health education and HIV prevention education to all students at least once in middle school and at least once in high school. Parents may opt their child out of a portion, or all, of the instruction and schools are required to notify parents of this right.

Budget Funding. Budget trailer bill legislation, SB 159 (Committee on Budget and Fiscal Review), Chapter 40, Statutes of 2024, provides $5 million in the 2024-25 fiscal year, available until June 30, 2027, to:

Distribute funding to a community-based organization to make internal and external condoms available pursuant to Section 35292.7 of the Education Code, if Senate Bill 954 of the 2023-24 Regular Session becomes effective, aimed at preventing the transmission of HIV and sexually transmitted infections.

The trailer bill specifies that the funding is allowable to the extent these activities are an allowable use of the AIDS Drug Assistance Program Rebate Fund, to be administered by the California Department of Public Health.

1. Related Legislation. SB 541 (Menjivar) is substantially similar to this measure. This bill was vetoed by the Governor for cost.
2. Prior Legislation. AB 367 (C. Garcia), Chapter 664, Statutes of 2021, requires all public schools serving students in grades six to 12 to stock specified restrooms with an adequate supply of free menstrual products, commencing in the 2022-23 school year.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: June 25, 2024

ASSEMBLY COMMITTEE ON HEALTH

Mia Bonta, Chair

SBPCA Bill Id:SB 954

Author:(Menjivar) – As Amended Ver:June 3, 2024

SENATE VOTE: 29-9

SUBJECT: Sexual health: contraceptives.

SUMMARY: Requires all public high schools to make condoms available to students by the start of the 2025-26 school year, and to provide information to students on the availability of condoms as well as other sexual health information; prohibits public schools from preventing a school-based health center (SBHC) from making condoms available and easily accessible to students; and prohibits retail establishments from refusing to provide nonprescription contraception to a person solely on the basis of age. Specifically, this bill:

Health and Safety Code (HSC) provisions:

1. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by any means, including, but not limited to, requiring the customer to present identification to demonstrate their age. Exempts a violation of this prohibition from penalties for violating the Sherman Law as described in 1) of existing law, below.
   
2. Defines “retail establishment” as any vendor that, in the regular course of business, furnishes nonprescription contraception at retail directly to the public, including, but not limited to, a pharmacy, grocery store, or other retail store.
3. Specifies that the prohibition in 1) above does not apply to the refusal to furnish nonprescription contraception on the basis of age if, under other provisions of federal or state law, the contraception is subject to restrictions on the basis of age.

Education Code (EC) provisions:

1. Requires each public school serving students in grades nine to 12 to make internal and external condoms available to all students free of charge by the start of the 2025-26 school year to prevent and reduce unintended pregnancies and sexually transmitted infections (STIs).
2. Requires schools to place condoms in a minimum of two locations on school grounds where they are easily accessible to students during school hours without requiring assistance or permission from school staff.
3. Requires schools to inform students of the availability and location of the free condoms at the beginning of each school year through existing school communication channels.
4. Requires public schools to prominently post at least one notice regarding the availability of free condoms in appropriate areas that are accessible to, and commonly frequented by, students, and requires the notice to include all of the following:
5. The contact information, including an email address and telephone number, for a designated individual responsible for maintaining the supply of condoms;
6. Information that abstinence from sexual activity and injection drug use is the only certain way to prevent human immunodeficiency virus (HIV) and other STIs and that abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy;
7. Information directing pupils to where they can find information about how to use condoms properly; and,
8. Information on how to access local resources and students’ legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other STIs and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.
9. Requires a public school, upon request, to provide the notice in 4) above in an accessible format to ensure all students, including but not limited to those with visual disabilities, are able to access the notice.
10. Requires public schools serving students in grades seven to 12 to allow the distribution of condoms during the course of educational or public health programs and initiatives, including any of the following:
11. Community organizations or other entities providing instruction on the California Healthy Youth Act;
12. Pupil peer health programs, clubs, or groups;
13. Pupil health fairs conducted on campus; and,
14. SBHC staff.
15. Requires the governing board or body of a public school to designate one employee at each schoolsite to implement the requirements of 1) to 6) of the EC provisions above.
16. Makes the implementation of these provisions contingent upon an appropriation for this purpose.
17. Authorizes a state agency, the California Department of Education (CDE), or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out the provisions of this bill, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler.
18. Encourages public schools to explore partnerships with local health jurisdictions, community health centers, nonprofit organizations, and the Department of Public Health (DPH) to comply with the requirements of this bill.
19. Prohibits a public school serving students in grades seven to 12, a school district, the CDE, or a county office of education (COE), from preventing a SBHC from making internal and external condoms available and easily accessible to pupils at the SBHC site.
20. Requires the CDE to monitor compliance with the provisions of this bill as part of its annual compliance monitoring of state and federal programs.
21. Defines “public school” to include a school operated by a school district, COE, or a charter school.
22. Defines “local health jurisdiction” as a county health department or combined health department in the case of counties acting jointly or city health department.
23. Defines “school-based health center” as a center or program, located at or near a public school, that provides age-appropriate health care services at the program site or through referrals.

EXISTING LAW:

1. Enacts the Sherman Food, Drug and Cosmetic Law (Sherman Law), which provides broad authority for DPH to enforce requirements related to food, cosmetics, drugs, and home medical devices. [HSC §109875, et seq.]
   
2. Establishes the California Healthy Youth Act to provide pupils with the knowledge and skills necessary to protect their sexual and reproductive health from HIV and other sexually transmitted infections and from unintended pregnancy, and, among other things, to ensure that pupils receive integrated, comprehensive, accurate, and unbiased sexual health and HIV prevention instruction, and provide educators with clear tools and guidance to accomplish that objective. (EC §51930)
3. Requires each school district to ensure that all students in grades seven to 12 receive comprehensive sexual health education and HIV prevention at least once in junior high or middle school and once in high school. Requires this instruction to include 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, as well as information about the effectiveness and safety of all Food and Drug Administration approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. (EC §51934)
4. Requires school districts, 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, to provide parents and guardians with a notice:
   1. About instruction in comprehensive sexual health education and HIV prevention education and research on pupil health behaviors and risks planned for the coming year;
   2. Advising the parent or guardian that the educational materials used in sexual health education are available for inspection;
   3. Advising the parent or guardian whether the comprehensive sexual health education or HIV prevention education will be taught by school district personnel or by outside consultants; and,
   4. Advising the parent or guardian that the parent or guardian has the right to excuse their child from comprehensive sexual health education and HIV prevention education and that in order to excuse their child they must state their request in writing to the school district. (EC § 51938)
      

FISCAL EFFECT: According to the Senate Committee on Appropriations, the bill’s requirement for schools to provide condoms for free to students in grades nine through 12 would be contingent upon an appropriation, resulting in Proposition 98 General Fund cost pressure in the low millions of dollars in Proposition 98 General Fund each year. A precise amount would ultimately depend on how many condoms schools decide to make available. There could also be one-time cost pressures of an unknown amount to buy and install tamper-proof dispensers and post the notices with specified information.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, we cannot continue ignoring the STI epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. The author continues that this bill aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. The author contends that investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year.
   
2. BACKGROUND.
   1. Sexual Health of Young People in California. Sexual health is influenced by complex factors including biology, socioeconomics, community environments, relationships with family and peers, media, and access to health care and education. According to 2019 Centers for Disease Control and Prevention (CDC) data, it is estimated that although young people ages 15-24 make up 13% of the U.S. population, they represent around 27% of the sexually active population and account for around 53% of all new STI cases each year. According to KidsData.org, in 2018, more than 48,000 new chlamydia and gonorrhea infections were reported among teens ages 15-19 statewide. STIs, in particular, pose a major threat to sexual health—despite being largely preventable and curable—and disproportionately impact youth. According to the National Academies of Sciences, Engineering, and Medicine, the lifetime direct medical costs associated with STIs acquired in a single year among U.S. young people ages 15-24 have been estimated at $4.2 billion.
      
      Among infectious diseases that must be reported to the U.S. government, chlamydia and gonorrhea are the most common, with young people ages 15-24 having the highest rates of infection when compared with other age groups. Nationwide, African American/Black youth experience especially high rates of chlamydia and gonorrhea; in 2021, Black youth ages 15-19 were diagnosed with chlamydia at more than five times the rate for white youth of the same age, and with gonorrhea at nearly 12 times the rate of their white peers. If untreated, chlamydia and gonorrhea can lead to chronic pain, pelvic inflammatory disease, infertility, and adverse reproductive outcomes.
   2. Sexual Health Education in California. AB 329 (Weber), Chapter 398, Statutes of 2015, requires school districts, COEs, and the state special schools provide comprehensive sexual health education and HIV prevention education to all students at least once in middle school and at least once in high school. The EC defines comprehensive sexual health education as “education regarding human development and sexuality, including education on pregnancy, contraception, and STIs” and HIV prevention education as “instruction on the nature of HIV and acquired immune deficiency syndrome (AIDS), methods of transmission, strategies to reduce the risk of HIV infection, and social and public health issues related to HIV and AIDS.” Parents are afforded the right to opt their child out of a portion, or all, of the instruction and schools are required to notify parents and guardians of this right.
      
   3. Condom Use and Access. Condoms are an effective method to prevent STIs, HIV, and pregnancy. According to the CDC, condom use among sexually active high school students decreased from 60% in 2011 to 52% in 2021.
      1. Barriers to Condom Access. According to information provided by Essential Access Health, the sponsor of this bill, a survey conducted by TeenSource among California teens from December 2023-January 2024 found that 68% of teens indicated they do not have access to condoms in schools and 98% of respondents agreed that more sexually active teens would use condoms if they were easier to obtain. Approximately 92% of youth said schools should make condoms available.

Young people face multiple barriers to accessing condoms such as cost and lack of transportation to visit a store or health care provider to get condoms. According to information provided by the author and sponsors, young people have also reported being shamed, harassed, and discriminated against at some pharmacies and retailers while attempting to buy condoms, including being asked to show an I.D or denied service because they appeared to be “too young” despite the fact that there are no age requirements for condom purchases.

This bill includes a provision in the Sherman Law prohibiting retail establishments from refusing to provide nonprescription contraception to a person solely on the basis of age. This bill exempts a violation of this prohibition from penalties for violating the Sherman Law.

• • 1. School-based condom availability programs (CAPS). CAPs have existed since the early 1990s in high schools as one strategy to prevent unplanned pregnancy and to reduce the transmission of STIs and HIV. These programs make condoms available to students in places like the school nurse office, school-based health centers (SBHCs), classrooms, and vending machines. While some programs include things like advertisements for CAPs, most program descriptions do not include such detail. In general, most programs provide condoms to students free of charge and are implemented simultaneously with other sexual health promotion strategies (e.g., sexual health education, or HIV/STI testing and referral to treatment). A systemic review of school-based condom availability programs published in AIDS and Behavior in 2018 found that students in schools with CAPs were more likely to have obtained condoms than students in schools without CAPs.
       

According to Essential Access Health, some California high schools distribute free condoms to students, including schools in the Los Angeles and San Francisco Unified School Districts, in an effort to curb STI rates and reduce unintended pregnancy. However, not all schools do so, leaving youth in other regions – including regions with some of the highest rates of STIs and pregnancies among youth – without equitable access to condoms and preventive health resources. In 2020, Vermont became the first state in the country to require middle and high schools to make free condoms readily available to students.

This bill requires all public high schools to make condoms available to students by the start of the 2025-26 school year, and to provide information to students on the availability of condoms as well as other sexual health information.

1. SUPPORT. According to Essential Access Health, teens have long reported facing multiple barriers to accessing condoms that deter them from seeking and securing the resources they need to protect themselves against STIs and unintended pregnancy. Essential Access Health continues that when barriers remain, youth with low-incomes are often left without the option to regularly utilize condoms to help protect their health and prevent an unintended pregnancy from occurring. Essential Access Health contends that increasing condom accessibility is a safe, low-cost intervention that provides young people with the resources they need while saving state dollars in the short and long-term. Essential Access Health further states that the scope of the STI epidemic requires bold action and that to reduce public health disparities and provide greater access to a preventive and cost saving tool we must ensure that California youth have equitable access to condoms.
   
2. OPPOSITION. The California Family Council writes in opposition to this bill, “This bill promotes a hookup culture that’s a perfect petri dish for STIs to spread. The only certain method to reduce STIs is to encourage teens to develop self-control, which limits the number of sexual partners. This whole problem disappears if you promote a culture that treats sex as a special and intimate act to be shared in a monogamous, committed marriage.”
   
3. DOUBLE REFERRAL. This bill is double referred; it passed the Assembly Education Committee with a vote of 5-0 on June 12, 2024.
4. RELATED LEGISLATION. SB 541 (Menjivar) of the 2023-24 Session was substantially similar to this measure. This bill was vetoed by the Governor, who stated, in part:

While evidence-based strategies, like increasing access to condoms, are important to supporting improved adolescent sexual health, this bill would create an unfunded mandate to public schools that should be considered in the annual budget process.

1. PREVIOUS LEGISLATION.
   1. AB 2482 (Calderon), Chapter 933, Statutes of 2022, establishes the Wellness Vending Machine Pilot Program, until July 1, 2029, that requires the California State University and the California Community Colleges to establish at five campuses of their respective segments at least one vending machine that dispenses wellness products, including condoms. Additionally requests that the University of California establish at any number of its campuses at least one vending machine that dispenses wellness products.
   2. AB 2312 (Lee) of 2022 would have prohibited a retail establishment from refusing to furnish nonprescription contraception solely on the basis of age and would have required a $25,000 penalty for the retail establishment for each violation. AB 2312 was not heard in the Assembly Health Committee.
   3. AB 329 makes instruction in sexual health education mandatory, revises HIV prevention education content, expands topics covered in sexual health education, requires this instruction to be inclusive of different sexual orientations, and clarifies parental consent policy.

REGISTERED SUPPORT / OPPOSITION:

Support

Essential Access Health (cosponsor)
Black Women for Wellness Action Project (cosponsor)
California School-Based Health Alliance (cosponsor)
Generation Up (cosponsor)
URGE: Unite for Reproductive & Gender Equity (cosponsor)
Voters of Tomorrow (cosponsor)
Access Reproductive Justice
ACLU California Action
AIDS Healthcare Foundation
Alameda County Board of Supervisors
Alliance for Children's Rights
American Academy of Pediatrics, California
American College of Obstetricians and Gynecologists District IX
American Nurses Association/California
APLA Health
Asian Americans Advancing Justice-Southern California
Bienestar Human Services
Buen Vecino
California Academy of Preventive Medicine
California Association for Health, Physical Education, Recreation & Dance
California Coalition for Youth
California Latinas for Reproductive Justice
California Legislative LGBTQ Caucus
California Nurse-Midwives Association
California Pan - Ethnic Health Network
California Primary Care Association
California Teachers Association
California Women's Law Center
Children Now
Christie's Place
Citizens for Choice
Community Health Councils
Courage California
Equality California
Glide
Health Officers Association of California
Indivisible CA: Statestrong
Junior Leagues of California State Public Affairs Committee
Los Angeles LGBT Center

Los Angeles Trust for Children’s Health
Maternal and Child Health Access
National Center for Youth Law
National Health Law Program
Period @ Irvine, CA
Planned Parenthood Affiliates of California
Raizes Collective
Reproductive Freedom for All California
Sacramento LGBT Community Center
San Francisco AIDS Foundation
San Francisco Unified School District
SF Black and Jewish Unity Coalition
The Children's Partnership
The Los Angeles Trust for Children's Health
The Source LGBT+ Center
Training in Early Abortion for Comprehensive Health Care
Women's Foundation California
Women's Health Specialists
Young Invincibles

Opposition

California Baptist for Biblical Values
California Family Council
Concerned Women for America
Lighthouse Baptist Church
Real Impact.

Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097

Date of Hearing: June 12, 2024

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

SBPCA Bill Id:SB 954

Author:(Menjivar) – As Amended Ver:June 3, 2024

[Note: This bill is double referred to the Assembly Health Committee and will be heard by that Committee as it relates to issues under its jurisdiction.]

SENATE VOTE: 29-9

SUBJECT: Sexual health: contraceptives

SUMMARY: Requires all public high schools to make condoms available to students by the start of the 2025-26 school year, and to provide information to students on the availability of condoms as well as other sexual health information; prohibits public schools from preventing a school-based health center from making condoms available and easily accessible to students; and prohibits retail establishments from refusing to provide nonprescription contraception to a person solely on the basis of age. Specifically, this bill:

1. Requires each public school serving students in grades 9 to 12 to make internal and external condoms available to all students free of charge by the start of the 2025-26 school year to prevent and reduce unintended pregnancies and sexually transmitted infections (STIs).
2. Requires schools to place condoms in a minimum of two locations on school grounds where they are easily accessible to students during school hours without requiring assistance or permission from school staff.
3. Requires schools to inform students of the availability and location of the free condoms at the beginning of each school year through existing school communication channels.
4. Requires public schools to prominently post at least one notice regarding the availability of free condoms in appropriate areas that are accessible to, and commonly frequented by, students, and requires the notice to include all of the following:
5. The contact information, including an email address and telephone number, for a designated individual responsible for maintaining the supply of condoms;
6. Information that abstinence from sexual activity and injection drug use is the only certain way to prevent human immunodeficiency virus (HIV) and other sexually transmitted infections and that abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy;
7. Information directing pupils to where they can find information about how to use condoms properly; and
8. Information on how to access local resources and students’ 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. Requires a public school, upon request, to provide the notice in (4) in an accessible format to ensure all students, including but not limited to those with visual disabilities, are able to access the notice.
10. Requires public schools serving students in grades 7 to 12 to allow the distribution of condoms during the course of educational or public health programs and initiatives, including any of the following:
11. Community organizations or other entities providing instruction on the California Healthy Youth Act;
12. Pupil peer health programs, clubs, or groups;
13. Pupil health fairs conducted on campus; and
14. School-based health center staff.
15. Requires the governing board or body of a public school to designate one employee at each schoolsite to implement the requirements of (1) to (6) above.
16. Makes the implementation of these provisions contingent upon an appropriation for this purpose.
17. Authorizes a state agency, the California Department of Education (CDE), or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out the provisions of this section, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler.
18. Encourages public schools to explore partnerships with local health jurisdictions, community health centers, nonprofit organizations, and the State Department of Public Health (CDPH) to comply with these requirements.
19. Prohibits a public school serving students in grades 7 to 12, a school district, the CDE, or a county office of education (COE), from preventing a school-based health center from making internal and external condoms available and easily accessible to pupils at the school-based health center site.
20. Requires the CDE to monitor compliance with the provisions of this bill as part of its annual compliance monitoring of state and federal programs.
21. Defines “public school” to include a school operated by a school district, COE, or a charter school.
22. Defines “local health jurisdiction” as a county health department or combined health department in the case of counties acting jointly or city health department.
23. Defines “school-based health center” as a center or program, located at or near a public school, that provides age-appropriate health care services at the program site or through referrals.
24. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age.
25. Defines “retail establishment” as any vendor that furnishes nonprescription contraception directly to the public, including, but not limited to, a pharmacy, grocery store, or other retail store.

EXISTING LAW:

1. Establishes the California Healthy Youth Act to provide pupils with the knowledge and skills necessary to protect their sexual and reproductive health from HIV and other sexually transmitted infections and from unintended pregnancy, and, among other things, to ensure that pupils receive integrated, comprehensive, accurate, and unbiased sexual health and HIV prevention instruction, and provide educators with clear tools and guidance to accomplish that objective. (Education Code (EC) 51930)
2. Requires each school district to ensure that all students in grades 7 to 12 receive comprehensive sexual health education and HIV prevention at least once in junior high or middle school and once in high school. Requires this instruction to include 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, as well as information about the effectiveness and safety of all Food and Drug Administration (FDA)-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. (EC 51934)
3. Requires school districts, 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, to provide parents and guardians with a notice:
   1. About instruction in comprehensive sexual health education and HIV prevention education and research on pupil health behaviors and risks planned for the coming year;
   2. Advising the parent or guardian that the educational materials used in sexual health education are available for inspection;
   3. Advising the parent or guardian whether the comprehensive sexual health education or HIV prevention education will be taught by school district personnel or by outside consultants; and
   4. Advising the parent or guardian that the parent or guardian has the right to excuse their child from comprehensive sexual health education and HIV prevention education and that in order to excuse their child they must state their request in writing to the school district. (EC 51938)

FISCAL EFFECT: According to the Senate Appropriations Committee, the bill’s requirement for schools to provide condoms for free to students in grades 9 through 12 would be contingent upon an appropriation, resulting in Proposition 98 General Fund cost pressure in the low millions of dollars in Proposition 98 General Fund each year. A precise amount would ultimately depend on how many condoms schools decide to make available. There could also be one-time cost pressures of an unknown amount to buy and install tamper-proof dispensers and post the notices with specified information.

COMMENTS:

Need for the bill. According to the author, “We cannot continue ignoring the STI epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. SB 954 aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. Investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year. This isn’t about a catchy headline but rather the health and safety of our youth.”

California Healthy Youth Act. Since 2016, AB 329 (Weber), Chapter 398, Statutes of 2015 was required, school districts, COEs, and the state special schools provide comprehensive sexual health education and HIV prevention education to all students at least once in middle school and at least once in high school. Parents are afforded the right to opt their child out of a portion, or all, of the instruction and schools are required to notify parents and guardians of this right.

Sexual health of teens. Sexual health is a critical component of overall teen health. While sexuality is a normal part of adolescent development, sexual activity can have serious consequences, including STIs and unintended pregnancy. Young people who engage in sexual activity may be at risk for STIs such as chlamydia and gonorrhea. In 2018, more than 48,000 new chlamydia and gonorrhea infections were reported among teens ages 15-19 statewide. (KidsData.org)

It is estimated that although young people ages 15-24 make up 13% of the U.S. population, they represent around 25% of the sexually active population and account for approximately 50% of all new STI cases each year. Among infectious diseases that must be reported to the U.S. government, chlamydia and gonorrhea are the most common, with young people ages 15-24 having the highest rates of infection when compared with other age groups. Nationwide, African American youth experience especially high rates of chlamydia and gonorrhea; in 2021, black youth ages 15-19 were diagnosed with chlamydia at more than five times the rate for white youth of the same age, and with gonorrhea at nearly 12 times the rate of their white peers. (KidsData.org)

Rates of teenage pregnancy have declined over time. The number of births per 1,000 women ages 15-19 in California has declined by 75% over the past 20 years, from 89.6 in 1995 to 17.6 in 2016, as shown below. Despite these improvements, many counties continue to have high rates, with some exceeding 30 births per 1,000 teens in 2016. The majority of teen births statewide are to women ages 18-19, though rates have declined for all age groups.

Rates of teen births per 1,000 women to youth ages 15-19 from 1995-2016

Source: KidsData.org

Source: KidsData.org

Despite the relatively low birth rates among teens overall, disparities exist along race/ethnicity lines, as Hispanic, African American, and American Indian/Alaska Native youth experience births at much higher rates than their White or Asian peers, as shown in the table above.

Research notes that adolescent births are associated with serious challenges and negative outcomes for parents, their children, and society overall. Teen mothers are more likely than mothers in their 20s and early 30s to have premature births, infants with low birthweight, and babies who die in infancy. Children of teens are also at increased risk for physical, behavioral, cognitive, and academic challenges later in life. Children born to teens are more likely to drop out of high school, enter the criminal justice system in adolescence, become teen parents themselves, and experience unemployment in adulthood, compared with children born to older mothers. (KidsData.org)

Access to condoms by adolescents. The external condom remains the most popular contraceptive method among adolescents. Data from the Centers for Disease Control and Prevention’s (CDC) 2017 Youth Risk Behavior Surveillance (YRBS) reported that while overall sexual activity decreased among high school students, barrier method use (referred to as condom use in the YRBS) also declined among sexually active adolescents. Among sexually active high school students, 54% reported condom use during their last sexual encounter, a decline from 62% in 2007. Among 12th-grade students, 57% reported ever being sexually active, but they had the lowest use of condoms among all grades. (Grubb, 2020)

In a survey of California youth in January 2024, 68% of teens indicated that they do not have access to condoms in schools. (Teen Source, 2024) In 2017, the Society for Adolescent Health and Medicine published a position statement, “Condom Availability in Schools: A Practical Approach to the Prevention of Sexually Transmitted Infection/HIV and Unintended Pregnancy,” recommending increased barrier method availability at schools. Studies have found that school condom programs do not increase sexual activity, the number of sexual partners, or risky behaviors. (Grubb, 2020)

Condoms are available over the counter in all states but may be difficult for teens to access as many stores stock condoms in inaccessible locations that require a store attendant to assist the customer. According to information provided by the author, both teens and young adults have long reported being shamed, harassed, and discriminated against at some pharmacies and retailers while attempting to buy condoms, including being asked to show identification or denied service as they appeared to be too young, despite the fact that there are no age requirements for condom purchases. The cost of condoms may also be a limiting factor for many young people. This bill would address the availability and affordability of condom use for teens by making these items accessible at no cost in schools. The bill also prohibits retail establishments from refusing to furnish nonprescription contraception solely on the basis of age.

According to the author’s office, school in some regions across the state have been providing free condoms to students for decades, leaving teens in other regions – including regions with some of the highest rates of STIs and pregnancies among youth – without equitable access to condoms and preventive health care. Schools that distribute condoms do so by establishing partnerships to obtain condom supplies. Both the Los Angeles Unified School District and San Francisco Unified School District established condom access programs in the 1990s at high schools with the support of funding from the CDC. Some county departments of public health and local health jurisdictions provide condoms to their local high schools, such as in the Long Beach Unified School District. At some high schools in the city of Fresno and other cities across California, campuses collaborate with community health centers, Planned Parenthood affiliates, or other community-based organizations to obtain condom supplies.

Categorical program monitoring. This bill would add a school’s compliance with the requirement to provide free condoms and associated information to the regular categorical monitoring process. According to the CDE, federal and state laws require the CDE to monitor implementation of categorical programs operated by LEAs as LEAs are responsible for creating and maintaining programs which meet minimum fiscal and programmatic requirements.

LEAs are assigned to one of four cohorts: A, B, C or D. Each school year, approximately 130 LEAs are selected for review—65 LEAs from one cohort for an onsite review, and 65 LEAs from a different cohort for an online review. The LEAs are selected using established selection criteria including program size, fiscal analysis, compliance history, and continuous improvement. The Cohort Rotation Schedule by School Year demonstrates the rotation of the cohorts over a four-year cycle. The purpose of the review is to ensure that they are spending the funding as required by law. At the end of each review, the state will complete a report that details any findings of non-compliance and informs the school, district, or county office how to correct the findings. Within 45 calendar days after the date of the Notification of Findings (NOF), the LEA must resolve each finding or request an extension.

Arguments in support. The American Academy of Pediatricians writes, “The California Healthy Youth Act has already made significant strides in ensuring that students receive comprehensive sexual health education and HIV prevention education. However, access to contraceptives remains a crucial component of sexual health care that must be addressed.

Providing access to condoms in schools is not only a matter of promoting safer sex practices but also a means of empowering students to make informed choices about their sexual health. Research has consistently shown that access to condoms in schools can lead to a decrease in rates of unintended pregnancies and STIs among adolescents. By making condoms readily available on school grounds, SB 954 has the potential to positively impact the health and well-being of California's youth.

SB 954 emphasizes the importance of education by requiring schools to inform students about the availability of free condoms and how to use them properly. This educational component is essential for ensuring that students are equipped with the knowledge and skills they need to protect themselves and their partners. Students deserve access to comprehensive sexual health education and resources that support their well-being. By supporting SB 954, we can take a proactive approach to promoting healthy behaviors and reducing the risk of unintended consequences associated with sexual activity.”

Arguments in opposition. The Concerned Women for America Legislative Action Committee writes, “SB 954 requires public schools, grades 7 to 12, to provide condoms to students through partnerships with various providers and school-based health centers. This policy does not serve an educational purpose; rather, this topic is a discussion and decision best left to families.

Providing condoms in schools, including unsupervised areas where even staff are not available to counsel students, interferes with a parent’s right to decide when such decisions are appropriate for their children. While we appreciate that information about abstaining from sexual activity as the only certain prevention of pregnancy and STIs is at least provided on notices, the availability of free condoms creates a mixed message.

The public schools’ promotion of safe sex through condoms puts more children at risk of emotional, physical, and social harm. Development of a child’s self-esteem, including the courage to say no or to wait before engaging in sexual activity, is safer than condoms. SB 954 pressures schools, peers, and families to accept the idea of safe sex through external rather than internal means. Further, the bill forces merchants to sell condoms and other contraceptives to children of any age. This not only infringes upon their right to run their business based on their conscience and better judgment but could also aid and abet sex trafficking.”

Related legislation. SB 541 (Menjivar) of the 2023-24 Session was substantially similar to this measure. This bill was vetoed by the Governor with the following message:

While evidence-based strategies, like increasing access to condoms, are important to supporting improved adolescent sexual health, this bill would create an unfunded mandate to public schools that should be considered in the annual budget process.

In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing.

With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure. For this reason, I cannot sign this bill.

AB 2482 (Calderon), Chapter 933, Statutes of 2022, establishes the Wellness Vending Machine Pilot Program, until July 1, 2029, that requires the California State University and the California Community Colleges to establish at five campuses of their respective segments at least one vending machine that dispenses wellness products, including condoms. Additionally, this bill requests that the University of California establish at any number of its campuses at least one vending machine that dispenses wellness products.

AB 2312 (Lee) of the 2021-22 Session would have prohibited a retail establishment from refusing to furnish nonprescription contraception solely on the basis of age and would have required a $25,000 penalty for the retail establishment for each violation. This bill was held in the Assembly Health Committee.

AB 329 (Weber), Chapter 398, Statutes of 2015, made instruction in sexual health education mandatory, revises HIV prevention education content, expands topics covered in sexual health education, requires this instruction to be inclusive of different sexual orientations, and clarifies parental consent policy.

REGISTERED SUPPORT / OPPOSITION:

Support

Access Reproductive Justice

Aids Healthcare Foundation

Alameda County Board of Supervisors

Alliance for Children's Rights

American Academy of Pediatrics, California

American Civil Liberties Union California Action

American College of Obstetricians and Gynecologists District Ix

APLA Health

Asian Americans Advancing Justice-southern California

Bienestar Human Services

Black Women for Wellness Action Project

Buen Vecino

California Association for Health, Physical Education, Recreation & Dance

California Coalition for Youth

California Legislative LGBTQ Caucus

California Nurse-Midwives Association

California Pan - Ethnic Health Network

California Primary Care Association

California School-based Health Alliance

California Teachers Association

Children Now

Citizens for Choice

Community Health Councils

Courage California

Equality California

Essential Access Health

Generation Up

Glide

Health Officers Association of California

Indivisible CA Statestrong

Los Angeles LGBT Center

Maternal and Child Health Access

National Health Law Program

Period @ Irvine, CA

Raizes Collective

Reproductive Freedom for All California

Sacramento LGBT Community Center

San Francisco Aids Foundation

SF Black and Jewish Unity Coalition

The Los Angeles Trust for Children's Health

The Source LGBT+ Center

Training in Early Abortion for Comprehensive Health Care

Unite for Reproductive and Gender Equity

Urge: Unite for Reproductive & Gender Equity

Voters of Tomorrow

Women's Health Specialists

Young Invincibles

Opposition

California Baptist for Biblical Values

California Family Council

Concerned Women for America

Lighthouse Baptist Church

Real Impact

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087

 THIRD READING  

Bill No: SB 954

Author: Menjivar (D), et al.

Introduced: 5/16/24

Vote: 21

SENATE EDUCATION COMMITTEE: 5-2, 3/20/24

AYES: Newman, Cortese, Glazer, Gonzalez, Smallwood-Cuevas

NOES: Ochoa Bogh, Wilk

SENATE HEALTH COMMITTEE: 9-1, 4/24/24

AYES: Roth, Glazer, Gonzalez, Hurtado, Limón, Menjivar, Rubio, Smallwood-Cuevas, Wiener

NOES: Nguyen

NO VOTE RECORDED: Grove

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/16/24

AYES: Caballero, Ashby, Becker, Bradford, Wahab

NOES: Jones, Seyarto

SUBJECT: Sexual health: contraceptives

SOURCE: Black Women for Wellness Action Project (co-source)
California School-Based Health Alliance (co-source)
Essential Access Health (co-source)
Generation Up (co-source)
Unite for Reproductive and Gender Equity (co-source)

DIGEST:

This bill requires all public high schools to make condoms available to students by the start of the 2025-26 school year, upon appropriation, and requires schools to provide information to students on the availability of condoms, as well as other sexual health information. Prohibits public schools from preventing distribution of condoms or preventing a school-based health center from making condoms available and easily accessible to students at the school-based health center site. Prohibits retailers from restricting sales of nonprescription contraception on the basis of age.

ANALYSIS:

Existing Law:

1. Establishes the California Healthy Youth Act (CHYA), which requires local educational agencies (LEAs) to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school. (Education Code (EC) § 51933)
2. Authorizes an LEA to contract with outside consultants or guest speakers, including those who have developed multilingual curricula or curricula accessible to persons with disabilities, to deliver 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. (EC § 51936)

3) Requires that the instruction and related instructional materials be, among other things:

a) Age appropriate.

b) Medically accurate and objective.

c) Appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.

d) 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.

e) Accessible to pupils with disabilities. (EC § 51934)

1. Authorizes an LEA to provide comprehensive sexual health education and HIV prevention education earlier than grade 7 using instructors trained in the appropriate courses and age-appropriate and medically-accurate information. (EC § 51933)
2. Requires LEAs to provide parents and guardians with a notice 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. (EC § 51938)
3. Provides that the parent or guardian of a pupil has the right to excuse their child from all or part of that education, including related assessments, through a passive consent (“opt-out”) process. (EC § 51938)

This bill

1. Requires, on or before the start of the 2025–26 school year, upon appropriation, each public school to make condoms available to all pupils in grades 9 to 12, inclusive, free of charge, and requires related information to be made available to students.
2. Requires each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as specified.
3. Requires public schools, serving any of grades 7 to 12, to allow a school-based health center to make internal and external condoms available and easily accessible to pupils at the school-based health center site.
4. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age, unless the contraception is otherwise subject to restriction on the basis of age. Specifies that penalties do not apply for non-compliance.
5. Finds and declarations that California has an interest in promoting and expanding equitable access to tools and resources that empower youth to make healthier choices and reduce the spread of sexually transmitted infections (STIs) and improving public health outcomes and reduce STI rates among California youth by making condoms more accessible for young people.

Comments

1. Need for the bill. According to the author:

“We cannot continue ignoring the STI epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. SB 954 aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. Investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year. This isn’t about a catchy headline but rather the health and safety of our youth.”

1. California Healthy Youth Act. The CHYA took effect in 2003 and was initially known as the Comprehensive Sexual Health and HIV/AIDS Prevention Education Act. Originally, the act required LEAs to provide comprehensive sexual health education in any grade, including kindergarten, so long as it consisted of age-appropriate instruction and used instructors trained in the appropriate courses. Beginning in 2016 with AB 329 (Weber, 2015), the act was renamed the CHYA and, for the first time, required LEAs, excluding charter schools, to provide comprehensive sexual health education and HIV prevention education to all students at least once in middle school and at least once in high school. Charter schools must also provide that same instruction. From its inception in 2003 through today, the CHYA has always afforded parents the right to opt their child out of a portion, or all, of the instruction and required LEAs to notify parents and guardians of this right. Parents and guardians can exercise this right by informing the LEA in writing of their decision.

Comprehensive sexual health education in lower grades has always been, and remains, optional. Under existing law, for grades 6 and below, an LEA must “opt-in” to offer that instruction to students. The LEA is then required by law to notify parents and guardians of their right to “opt-out” their child, whether in part or completely. All instruction and materials in grades K–6 must meet the instructional criteria or baseline requirements of the CHYA and the content that is required in grades 7–12 may also be included in an age-appropriate way in earlier grades.

1. Health Education Framework (2019). On May 8, 2019, the State Board of Education (SBE) officially adopted the 2019 Health Education Curriculum Framework for California Public Schools (the Health Education Framework) after over two years of development. The Health Education Framework is aligned to the 2008 California Health Education Content Standards, which support the development of knowledge, skills, and attitudes in eight overarching standards: (1) essential health concepts; (2) analyzing health influences; (3) accessing valid health information; (4) interpersonal communication; (5) decision making; (6) goal setting; (7) practicing health-enhancing behaviors; and (8) health promotion in six content areas of health education, including sexual health.
2. Related/Prior Legislation.

SB 541 (Menjivar, 2023), a nearly identical measure, would have required all public high schools to make condoms available to students by the start of the 2024-25 school year, and required schools to provide information to students on the availability of condoms, as well as other sexual health information. This bill prohibits public schools from preventing distribution of condoms or preventing a school-based health center from making condoms available and easily accessible to students at the school-based health center site. This bill also prohibited retailers from restricting sales of nonprescription contraception on the basis of age. SB 541 was vetoed by Governor Newsom with the following message:

“While evidence-based strategies, like increasing access to condoms, are important to supporting improved adolescent sexual health, this bill would create an unfunded mandate to public schools that should be considered in the annual budget process. In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing. With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure. For this reason, I cannot sign this bill.”

AB 230 (Reyes, Chapter 421, Statutes 2023) expands the requirement that schools serving students in grades 6 through 12 stock specified restrooms with menstrual products to include schools serving students in grades 3 to 5.

AB 329 (Weber, Chapter 398, Statutes 2016) made instruction in sexual health education mandatory, revises HIV prevention education content, expands topics covered in sexual health education, requires this instruction to be inclusive of different sexual orientations, and clarifies parental consent policy.

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

According to the Senate Appropriations Committee:

“The bill’s requirement for schools to provide condoms for free to students in grades 9 through 12 would be contingent upon an appropriation, resulting in Proposition 98 General Fund cost pressure in the low millions of dollars in Proposition 98 General Fund each year. A precise amount would ultimately depend on how many condoms schools decide to make available. There could also be one-time cost pressures of an unknown amount to buy and install tamper-proof dispensers and post the notices with specified information.”

SUPPORT: (Verified 5/17/24)

Black Women for Wellness Action Project (co-source)
California School-Based Health Alliance (co-source)
Essential Access Health (co-source)
Generation Up (co-source)
Unite for Reproductive and Gender Equity (co-source)
Access Reproductive Justice
Aids Healthcare Foundation
Alameda County Board of Supervisors
Alliance for Children's Rights
American Academy of Pediatrics, California
American Civil Liberties Union California Action
American College of Obstetricians and Gynecologists District IX
American Nurses Association/California
APLA Health
Asian Americans Advancing Justice-Southern California
Bienestar Human Services
Buen Vecino
California Academy of Preventive Medicine
California Association for Health, Physical Education, Recreation & Dance
California Coalition for Youth
California Latinas for Reproductive Justice
California Legislative LGBTQ Caucus
California Nurse-Midwives Association
California Pan - Ethnic Health Network
California Primary Care Association
California Teachers Association
Children Now
Christie's Place
Citizens for Choice
Community Health Councils
Courage California
Equality California
Ggeneration Up
GLIDE
Health Officers Association of California
Indivisible CA StateStrong

Junior Leagues of California State Public Affairs Committee
Los Angeles LGBT Center
Maternal and Child Health Access
National Center for Youth Law
National Health Law Program
Period @ Irvine, CA

Reproductive Freedom for All California
Sacramento LGBT Community Center
San Francisco Aids Foundation
SF Black and Jewish Unity Coalition
The Los Angeles Trust for Children's Health
The Source LGBT+ Center
Training in Early Abortion for Comprehensive Health Care
Voters of Tomorrow
Women's Foundation California
Women's Health Specialists
Young Invincibles

2 individuals

OPPOSITION: (Verified 5/17/24)

California Baptist for Biblical Values

California Family Council

Concerned Women for America

Lighthouse Baptist Church

Real Impact

16 individuals

ARGUMENTS IN SUPPORT: According to the Black Women for Wellness Action Project, “According to data released by the California Department of Public Health, more than 300,000 Californians were infected with syphilis, chlamydia, or gonorrhea in 2021. Young people, and in particular youth of color, are disproportionately impacted. Statewide data indicate over half of all STIs in the state are experienced among California youth ages 15 – 24 years old. Young people in this age group make up more than 5 out of every 10 chlamydia cases in California, and more than 87% are youth of color. Since most STIs are asymptomatic, they are often left undetected and can pose serious life-threatening health problems later in life including permanent tissue damage, blindness, infertility and cancer related to HPV infections. According to estimates provided by the California STD Control Branch, the state spends approximately $1 billion annually on STIs. Condoms are an evidence-based and cost-effective tool to reduce STI transmission, but condom use among sexually active teens has declined over the last decade. The CDC’s Youth Risk Behavior Surveillance System (YRBSS) shows that in 2021, an average of 21% of California high school students were sexually active and about half of those students did not use condoms during their last sexual intercourse compared to previous years. Teens have long reported facing multiple barriers to accessing condoms that deter them from seeking and securing the resources they need to protect themselves against STIs and unintended pregnancy. When barriers remain, youth with low-incomes are often left without the option to regularly utilize condoms to help protect their health and prevent an unintended pregnancy from occurring. For these reasons, the Black Women for Wellness Action Project urges an “aye” vote on SB 954.”

ARGUMENTS IN OPPOSITION: According to the California Baptist for Biblical Values, “Condoms do not prevent the spread of sexually transmitted diseases. There are some sexually transmitted diseases, such as syphilis, for example, that condoms offer no protection. Encouraging kids to participate in sexual activities is not the answer to stopping the spread of sexually transmitted diseases. We should be encouraging kids to abstain from sexual activity until they are married.”

Prepared by: Kordell Hampton / ED. / (916) 651-4105

5/18/24 14:48:45

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 954 (Menjivar) - Sexual health: contraceptives

Bill Summary:

This bill requires schools, on or before the start of the 2025-26 school year, to make condoms available for all students in grades 9 through 12. The bill also requires schools to provide information to students on the availability of condoms, as well as other sexual health information.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2024

Fiscal Impact:

The bill’s requirement for schools to provide condoms for free to students in grades 9 through 12 would be contingent upon an appropriation, resulting in Proposition 98 General Fund cost pressure in the low millions of dollars in Proposition 98 General Fund each year. A precise amount would ultimately depend on how many condoms schools decide to make available. There could also be one-time cost pressures of an unknown amount to buy and install tamper-proof dispensers and post the notices with specified information.

Author Amendments:

Make the bill’s requirement contingent upon an appropriation.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 954 (Menjivar) - Sexual health: contraceptives

Bill Summary:

This bill requires schools, on or before the start of the 2025-26 school year, to make condoms available for all students in grades 9 through 12. The bill also requires schools to provide information to students on the availability of condoms, as well as other sexual health information.

Fiscal Impact:

By requiring schools to provide condoms for free to students in grades 9 through 12 and inform students of the condoms’ availability, this bill could result in a reimbursable state mandate. The magnitude of the costs is unknown but could be in the low millions of dollars in Proposition 98 General Fund each year. A precise amount would ultimately depend on how many condoms schools decide to make available. There could also be one-time costs, of an unknown amount, to buy and install tamper-proof dispensers and post notices with specified information. To the extent that school districts elect not to file mandate claims for these activities, this bill could place additional cost pressure on the K-12 Mandate Block Grant.

Background:

Existing law establishes the California Healthy Youth Act (CHYA), which requires local educational agencies (LEAs) to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school. LEAs are authorized to contract with outside consultants or guest speakers, including those who have developed multilingual curricula or curricula accessible to persons with disabilities, to deliver 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.

Existing law requires that pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education at least once in junior high or middle school and at least once in high school, as specified. LEAs are authorized to provide comprehensive sexual health education and HIV prevention education earlier than grade 7 using instructors trained in the appropriate courses and age-appropriate and medically-accurate information.

Proposed Law:

This bill requires, on or before the start of the 2025–26 school year, each public school to make condoms available to all pupils in grades 9 to 12, inclusive, free of charge, and requires related information to be made available to students.

This bill requires each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as specified. It also requires public schools, serving any of grades 7 to 12, to allow a school-based health center to make internal and external condoms available and easily accessible to pupils at the school-based health center site.

This bill prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age, unless the contraception is otherwise subject to restriction on the basis of age. Specifies that penalties do not apply for non-compliance.

Related Legislation:

SB 541 (Menjivar, 2023), a nearly identical measure, would have required all public high schools to make condoms available to students by the start of the 2024-25 school year, and required schools to provide information to students on the availability of condoms, as well as other sexual health information. SB 541 was vetoed by Governor Newsom with the following message:

“While evidence-based strategies, like increasing access to condoms, are important to supporting improved adolescent sexual health, this bill would create an unfunded mandate to public schools that should be considered in the annual budget process. In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing. With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure. For this reason, I cannot sign this bill.”

Staff Comments:

By requiring schools to provide condoms for free to students in grades 9 to 12, the Commission on State Mandates is likely to determine the requirement to be a higher level of service and therefore a reimbursable state mandate. The associated costs could be significant, potentially in the low millions of dollars each year. Alternatively, there could be pressure for the state to provide an increase to the K-12 Mandate Block grant. The amount of funding provided through the block grant is tied to the mandates that the Commission has approved as well as the costs for those mandates. School districts that choose to participate in the block grant receive a per-student amount to cover the cost of the various state mandated activities in lieu of submitting mandate claims for reimbursement. Charter schools may participate in the block grant, but are not eligible to submit mandate claims nor receive reimbursement from the state.

According to the California Department of Education, 1.9 million students enrolled in grades nine through 12 in over 4,000 schools in the 2022-23 school year. According to Planned Parenthood, external condoms usually cost less than $1 each if bought in packs of 12 or more on the private market. The California Department of Public Health (CDPH) provides discounted rates to certain entities of external condoms, which are $100 per 1,000, and internal condoms, which are $730 per 500. Tamper-proof condom dispensers may cost in the low hundreds of dollars each. If each school serving students in grades nine through 12 provided 1,000 external condoms and 500 internal condoms at the CDPH rates, and one tamper-proof dispenser, costs would total approximately $4 million statewide. This amount could be less or more depending on the number of condoms that schools decide to provide as well as the cost of those condoms.

-- END --

SENATE COMMITTEE ON HEALTH

Senator Richard Roth, Chair

BILL NO: SB 954

SUBJECT: Sexual health: contraceptives

SUMMARY:

Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age.

Existing law: Enacts the Sherman Food, Drug and Cosmetic Law (Sherman Law), which provides broad authority for the California Department of Public Health (CDPH) to enforce requirements related to food, cosmetics, drugs, and home medical devices. [HSC §109875, et seq.]

This bill:

1. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by any means, including, but not limited to, requiring the customer to present identification to demonstrate their age. Exempts a violation of this prohibition from penalties for violating the Sherman Law.
2. Defines “retail establishment” as any vendor that, in the regular course of business, furnishes nonprescription contraception at retail directly to the public, including, but not limited to, a pharmacy, grocery store, or other retail store.
3. Specifies that this prohibition does not apply to the refusal to furnish nonprescription contraception on the basis of age if, under other provisions of federal or state law, the contraception is subject to restrictions on the basis of age.

Education Code provisions

1. Requires public schools to make condoms available to all 9 to 12 grade pupils free of charge, and requires related information to be made available to students. Requires public schools serving grades 7 to 12 to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as specified. Requires public schools serving grades 7 to 12 to allow a school-based health center to make condoms available and easily accessible to pupils at their site.

FISCAL EFFECT:

This bill has not been analyzed by a fiscal committee.

COMMENTS:

1. Author’s statement. According to the author, we cannot continue ignoring the sexually transmitted infection (STI) epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. This bill aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. Investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year. This isn’t about a catchy headline, but rather the health and safety of our youth.
2. Background. The Centers for Disease Control and Prevention (CDC) estimates that one in five people in the U.S. had an STI on any given day in 2018, which amounts to nearly 68 million infections across the nation total. In 2021, more than 2.5 million cases of chlamydia, gonorrhea, and syphilis were reported in the U.S. Between 2018 and 2022, reported syphilis cases increased by 80% in the U.S. (115,000 to over 207,000), the highest number of cases in the nation since the 1950s. STIs are often asymptomatic (especially in women) and are therefore often undiagnosed and unreported. Untreated STIs can have severe health consequences, including chronic pelvic pain, infertility, miscarriage or newborn death, and increased risk of HIV infection, genital and oral cancers, neurological and rheumatological effects. The CDC estimates that untreated STIs cause at least 24,000 women in the U.S. each year to become infertile. Untreated syphilis can also lead to negative maternal child health outcomes, including infant deaths. Of pregnant women who acquire syphilis up to four years before delivery, approximately 80% will transmit the infection to the fetus, and 40% may result in stillbirth or death. The World Health Organization (WHO) asserts that condoms continue to be the most effective method of preventing most STIs through consistent and correct use by stopping or greatly reducing people’s exchange of bodily fluids.
3. Inequities persist. The STI crisis affects communities across the state, but California youth, people of color, and gay, bisexual, and transgender people are disproportionately impacted. CDPH reports that the highest STI rates continue to occur among young people between the ages of 15 and 24, Black/African Americans, and gay and bisexual men. Young people make up 46% of all new STIs in the country. Furthermore, African Americans are 500% more likely to contract gonorrhea and chlamydia than their white counterparts. CDC studies suggest a range of factors may contribute to rising STI rates, including inequitable access to health care and culturally competent medical services, race, poverty, stigma, discrimination, and drug use.
4. Cost of STIs. According to the most recent information available from the CDC, STI infections acquired in 2018 totaled nearly $16 billion in direct lifetime medical costs nationwide. Chlamydia, gonorrhea, and syphilis accounted for more than $1 billion of the total cost. Sexually acquired HIV and HPV were the costliest due to lifetime treatment for HIV at $13.7 billion and treatment for HPV-related cancers at $755 million.
5. Prior legislation. SB 541 (Menjivar of 2023) was substantially similar to this bill. SB 541 was vetoed by the Governor, who stated, in part: While evidence-based strategies, like increasing access to condoms, are important to supporting improved adolescent sexual health, this bill would create an unfunded mandate to public schools that should be considered in the annual budget process.

AB 2312 (Lee of 2022) would have prohibited retail establishments from refusing to furnish nonprescription contraception solely on the basis of age, sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. AB 2312 was not heard in the Assembly Health Committee.

1. Support. The sponsors of this bill along with other supporting organizations write that statewide data indicates over half of all STIs in the state are experienced among California youth ages 15 to 24 years old. Young people in this age group make up more than half of the chlamydia cases in California, and over 87% are youth of color. Since most STIs are asymptomatic, they are often left undetected and can potentially cause serious life-threatening health problems later in life. They argue that condom use has declined over the last decade for California youth, reiterating that teens are often deterred from seeking and securing the resources they need to protect themselves against STIs and unintended pregnancy. Youth with low-incomes are often left without the option to purchase and regularly utilize condoms altogether. In a survey conducted by TeenSource among California teens from December 2023 to January 2024, 68% of teens indicated that they do not have access to condoms in schools, 98% agreed that more already sexually active teens would use condoms if they were easier to obtain, and 92% said that schools should make condoms available. The Health Officers Association of California also writes that prohibiting retail establishments from refusing to furnish nonprescription contraception based on age helps to ensure that Californians have equal access to contraceptives for purchase, thereby promoting health equity and autonomy.
2. Opposition. The California Family Council asserts that comprehensive sex education did not successfully lower STI rates in California and that condoms do not protect people from STIs that are spread from skin-to-skin contact. Additionally, Concerned Women for America Legislative Action Committee states that this policy does not serve any educational purposes and thereby should be a decision left to families. Parents should have the right to decide when such decisions are appropriate for the children.

SUPPORT AND OPPOSITION:

Support: Black Women for Wellness Action Project (co-sponsor)

California School-Based Health Alliance (co-sponsor)

Essential Access Health (co-sponsor)

Generation Up (co-sponsor)

Unite for Reproductive & Gender Equity (co-sponsor)

Access Reproductive Justice

AIDS Healthcare Foundation

Alliance for Children’s Rights

American Academy of Pediatrics, California

American Civil Liberties Union California Action

American College of Obstetricians and Gynecologists District IX

APLA Health

Asian Americans Advancing Justice - Southern California

Bienestar Human Services

Buen Vecino

California Association for Health, Physical Education, Recreation, & Dance

California Coalition for Youth

California Legislative LGBTQ Caucus

California Nurse-Midwives Association

California Pan-Ethnic Health Network

California School-Based Health Alliance

California Teachers Association

Children Now

Citizens for Choice

County of Alameda, Board of Supervisors

Courage California

Equality California

GLIDE

Health Officers Association of California

Indivisible CA StateStrong

Los Angeles LGBT Center

Maternal and Child Health Access

National Health Law Program

Period @ Irvine, CA

Reproductive Freedom for All California

Rising Communities formerly Community Health Councils

Sacramento LGBT Community Center

San Francisco AIDS Foundation

San Francisco Black & Jewish Unity Coalition

The Los Angeles Trust for Children’s Health

The Source LGBT+ Center

Training in Early Abortion for Comprehensive Healthcare

Women’s Health Specialists

Voters of Tomorrow

Young Invincibles

One individual

Oppose: California Baptist for Biblical Values

California Family Council

Concerned Women for America Legislative Action Committee

Lighthouse Baptist Church

Real Impact

One individual

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: March 20, 2024

Subject:

NOTE: This bill has been referred to the Committees on Education and Health. A "do pass" motion should include referral to the Committee on Health.

SUMMARY

This bill requires all public high schools to make condoms available to students by the start of the 2025-26 school year and requires schools to provide information to students on the availability of condoms, as well as other sexual health information. Prohibits public schools from preventing distribution of condoms or preventing a school-based health center from making condoms available and easily accessible to students at the school-based health center site. Prohibits retailers from restricting sales of nonprescription contraception on the basis of age.

BACKGROUND

Existing Law:

Education Code (EC)

1. Establishes the California Healthy Youth Act (CHYA), which requires local educational agencies (LEAs) to provide comprehensive sexual health and HIV prevention instruction to all students in grades 7 to 12, at least once in middle school and once in high school. (EC § 51933)
2. Authorizes an LEA to contract with outside consultants or guest speakers, including those who have developed multilingual curricula or curricula accessible to persons with disabilities, to deliver 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. (EC § 51936)
3. Requires that pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education at least once in junior high or middle school and at least once in high school. (EC § 51934)

4) Requires that the instruction and related instructional materials be, among other things:

a) Age appropriate.

b) Medically accurate and objective.

c) Appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.

d) 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.

e) Accessible to pupils with disabilities. (EC § 51934)

1. Authorizes an LEA to provide comprehensive sexual health education and HIV prevention education earlier than grade 7 using instructors trained in the appropriate courses and age-appropriate and medically-accurate information. (EC § 51933)
2. Requires LEAs to provide parents and guardians with a notice 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 the following:

a) About instruction in comprehensive sexual health education and HIV prevention education and research on pupil health behaviors and risks planned for the coming year.

b) Advise the parent or guardian that the educational materials used in sexual health education are available for inspection.

c) Advise the parent or guardian whether the comprehensive sexual health education or HIV prevention education will be taught by school district personnel or by outside consultant, as provided.

d) Advise the parent or guardian that the parent or guardian has the right to excuse their child from comprehensive sexual health education and HIV prevention education and that in order to excuse their child they must state their request in writing to the LEA. (EC § 51938)

1. Provides that the parent or guardian of a pupil has the right to excuse their child from all or part of that education, including related assessments, through a passive consent (“opt-out”) process. (EC § 51938)

ANALYSIS

This bill:

1. Requires, on or before the start of the 2025–26 school year, each public school to make condoms available to all pupils in grades 9 to 12, inclusive, free of charge, and requires related information to be made available to students.
2. Requires each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as specified.
3. Requires public schools, serving any of grades 7 to 12, to allow a school-based health center to make internal and external condoms available and easily accessible to pupils at the school-based health center site.
4. Prohibits a retail establishment from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age, unless the contraception is otherwise subject to restriction on the basis of age. Specifies that penalties do not apply for non-

compliance.

1. Finds and declarations that California has an interest in promoting and expanding equitable access to tools and resources that empower youth to make healthier choices and reduce the spread of sexually transmitted infections (STIs) and improving public health outcomes and reduce STI rates among California youth by making condoms more accessible for young people.

STAFF COMMENTS

1. Need for the bill. According to the author, “We cannot continue ignoring the STI epidemic among our youth when some high schools and retailers are enacting dangerous policies that deny them the ability to protect themselves. SB 954 aims to safeguard the health and futures of high school students statewide by increasing equitable access to condoms while also increasing fiscal responsibility. Investing in prevention is a fraction of the cost compared to the millions California spends on the treatment of STIs every year. This isn’t about a catchy headline but rather the health and safety of our youth.”
2. California Healthy Youth Act. The CHYA took effect in 2003 and was initially known as the Comprehensive Sexual Health and HIV/AIDS Prevention Education Act. Originally, the act required LEAs to provide comprehensive sexual health education in any grade, including kindergarten, so long as it consisted of age-appropriate instruction and used instructors trained in the appropriate courses. Beginning in 2016 with AB 329 (Weber, 2015), the act was renamed the CHYA and, for the first time, required LEAs, excluding charter schools, to provide comprehensive sexual health education and HIV prevention education to all students at least once in middle school and at least once in high school. Charter schools must also provide that same instruction. From its inception in 2003 through today, the CHYA has always afforded parents the right to opt their child out of a portion, or all, of the instruction and required LEAs to notify parents and guardians of this right. Parents and guardians can exercise this right by informing the LEA in writing of their decision.

Comprehensive sexual health education in lower grades has always been, and remains, optional. Under existing law, for grades 6 and below, an LEA must “opt-in” to offer that instruction to students. The LEA is then required by law to notify parents and guardians of their right to “opt-out” their child, whether in part or completely. All instruction and materials in grades K–6 must meet the instructional criteria or baseline requirements of the CHYA and the content that is required in grades 7–12 may also be included in an age-appropriate way in earlier grades.

1. Health Education Framework (2019). On May 8, 2019, the State Board of Education (SBE) officially adopted the 2019 Health Education Curriculum Framework for California Public Schools (the Health Education Framework) after over two years of development. The Health Education Framework is aligned to the 2008 California Health Education Content Standards, which support the development of knowledge, skills, and attitudes in eight overarching standards: (1) essential health concepts; (2) analyzing health influences; (3) accessing valid health information; (4) interpersonal communication; (5) decision making; (6) goal setting; (7) practicing health-enhancing behaviors; and (8) health promotion in six content areas of health education, including sexual health.
2. Related Legislation.

SB 541 (Menjivar, 2023), a nearly identical measure, would have required all public high schools to make condoms available to students by the start of the 2024-25 school year, and required schools to provide information to students on the availability of condoms, as well as other sexual health information. This bill prohibits public schools from preventing distribution of condoms or preventing a school-based health center from making condoms available and easily accessible to students at the school-based health center site. This bill also prohibited retailers from restricting sales of nonprescription contraception on the basis of age. SB 541 was vetoed by Governor Newsom with the following message:

“While evidence-based strategies, like increasing access to condoms, are important to supporting improved adolescent sexual health, this bill would create an unfunded mandate to public schools that should be considered in the annual budget process. In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing. With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure. For this reason, I cannot sign this bill.”

AB 230 (Reyes, Chapter 421, Statutes 2023) expands the requirement that schools serving students in grades 6 through 12 stock specified restrooms with menstrual products to include schools serving students in grades 3 to 5.

AB 329 (Weber, Chapter 398, Statutes 2016) made instruction in sexual health education mandatory, revises HIV prevention education content, expands topics covered in sexual health education, requires this instruction to be inclusive of different sexual orientations, and clarifies parental consent policy.

AB 367 (C.Garcia, Chapter 664, Statutes of 2021) requires all public schools serving students in grades 6 to 12 to stock specified restrooms with an adequate supply of free menstrual products, commencing in the 2022-23 school year and requires the CSU and each community college district, and encourages the Regents of the University of California, independent institutions of higher education, and private postsecondary educational institutions, to stock an adequate supply of free menstrual products at no fewer than one designated and accessible central location on each campus.

SUPPORT

Black Women for Wellness Action Project (co-sponsor)

California School-Based Health Alliance (co-sponsor)
Essential Access Health (co-sponsor)
Generation Up (co-sponsor)
URGE: Unite for Reproductive and Gender Equity (co-sponsor)
Access Reproductive Justice
Aids Healthcare Foundation
Alliance for Children's Rights
American Academy of Pediatrics, California
American College of Obstetricians and Gynecologists District IX
APLA Health
Bienestar Human Services
Buen Vecino
California Coalition for Youth
California Legislative LGBTQ Caucus
California Nurse-Midwives Association
Citizens for Choice
Courage California
Equality California
GLIDE
Los Angeles LGBT Center
National Health Law Program
Period @ Irvine, CA
Reproductive Freedom for All California
Sacramento LGBT Community Center
The Source LGBT+ Center
Women's Health Specialists
Young Invincibles

OPPOSITION

California Baptist for Biblical Values

California Family Council

Real Impact

4 individuals

-- END --