California Assembly Bill AB329 Amended / Bill

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