Bill Text: CA AB517 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 517 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: The California Comprehensive Sexual Health and HIV/AIDS

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-08-31 - Read third time. Refused passage. (Ayes 14. Noes 23. Page 5569.). [AB517 Detail]

Download: California-2015-AB517-Introduced.html

BILL NUMBER: AB 517	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gallagher

                        FEBRUARY 23, 2015

   An act to amend Sections 51938 and 51939 of the Education Code,
relating to sexual health and HIV/AIDS prevention education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 517, as introduced, Gallagher. The California Comprehensive
Sexual Health and HIV/AIDS Prevention Education Act: outside
consultants: parental consent.
   Existing law, the California Comprehensive Sexual Health and
HIV/AIDS Prevention Education Act, authorizes school districts to
provide comprehensive sexual health education, consisting of
age-appropriate instruction, in any of kindergarten and grades 1 to
12, inclusive, and requires school districts to ensure that all
pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention
education, as specified. Existing law requires school districts to
notify parents and guardians about its plan to provide this
instruction for the upcoming year and to inform them, among other
things, of their right to request that their child not receive
comprehensive sexual health and HIV/AIDS prevention education. If a
school has received a written request from a pupil's parent or
guardian excusing the pupil from participation, the pupil is
prohibited from attending a class in comprehensive sexual health and
HIV/AIDS prevention education or participating in an otherwise
authorized anonymous, voluntary, and confidential test,
questionnaire, or survey on pupil health behaviors and risks.
   This bill would require, if a school district elects to provide
comprehensive sexual health education or HIV/AIDS prevention
education, to be taught by outside consultants, or to hold an
assembly to deliver comprehensive sexual health education or HIV/AIDS
prevention education by guest speakers, the school district to
request written permission from a pupil's parent or guardian for the
pupil to participate in that class or assembly, and advise the parent
or guardian that his or her written permission is required to
authorize the pupil to participate in that class or assembly. The
bill would prohibit a pupil from attending a class in comprehensive
sexual education or HIV/AIDS prevention education, taught by outside
consultants, or an assembly that delivers comprehensive sexual
education or HIV/AIDS prevention education by guest speakers, unless
the school has received prior written permission from the pupil's
parent or guardian authorizing the pupil to participate in that class
or assembly. The bill would prohibit a pupil from being subject to
disciplinary action, academic penalty, or other sanction if the pupil'
s parent or guardian does not give written permission for the pupil
to attend a class in comprehensive sexual education or HIV/AIDS
prevention education, taught by outside consultants, or an assembly
that delivers comprehensive sexual education or HIV/AIDS prevention
education by guest speakers. The bill would also require, while
comprehensive sexual health education or HIV/AIDS prevention
education, taught by outside consultants, or an assembly that
delivers comprehensive sexual education or HIV/AIDS prevention
education by guest speakers is being administered, that an
alternative educational activity be made available to pupils whose
parents or guardians have not provided written permission for the
pupil to attend that class or assembly.
   Because this bill would require local educational agencies to
perform additional duties, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51938 of the Education Code is amended to read:

   51938.  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 prevention education, and assessments related to
that education, as follows:
   (a) 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 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 prevention education are available for inspection.
   (2) Advise the parent or guardian whether the comprehensive sexual
health education or HIV/AIDS prevention education will be taught by
school district personnel or by outside consultants. A school
district may provide comprehensive sexual health education or
HIV/AIDS prevention education, to be taught by outside consultants,
 and   or  may hold an assembly to deliver
comprehensive sexual health education or HIV/AIDS prevention
education by guest speakers,  but if it   only
with written permission of the parent or guardian of each pupil
present.   If a school district  elects to provide
comprehensive sexual health education or HIV/AIDS 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.  51934, and a
request for the written permission of the pupil's parent or guardian
for the pupil to participate in that class or assembly, and shall
advise the parent or guardian that his or her written permission is
required to authorize the pupil to participate in that class or
assembly.  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 comprehensive
sexual health education or HIV/AIDS prevention education.
   (b) 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 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.
   (c) The use of outside consultants or guest speakers as described
in paragraph (2) of subdivision (a) is within the discretion of the
school district.
  SEC. 2.  Section 51939 of the Education Code is amended to read:
   51939.  (a)  (1)    A pupil  may
  shall  not attend  any   a
 class in comprehensive sexual education or HIV/AIDS 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.

   (2) A pupil shall not attend a class in comprehensive sexual
education or HIV/AIDS prevention education, taught by outside
consultants, or an assembly that delivers comprehensive sexual
education or HIV/AIDS prevention education by guest speakers, unless
the school has received prior written permission from the pupil's
parent or guardian authorizing the pupil to participate in that class
or assembly. 
   (b) A pupil  may   shall  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 prevention
education or to participate in anonymous, voluntary, and confidential
tests, questionnaires, or surveys on pupil health behaviors and
 risks.   risks, or if the pupil's parent or
guardian has not provided written permission for the pupil to attend
a class in comprehensive sexual education or HIV/AIDS prevention
education, taught by outside consultants, or an assembly that
delivers comprehensive sexual education or HIV/AIDS prevention
education by guest speakers. 
   (c)  (1)    While comprehensive sexual health
education, HIV/AIDS 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. 
   (2) While comprehensive sexual health education or HIV/AIDS
prevention education, taught by outside consultants, or an assembly
that delivers comprehensive sexual education or HIV/AIDS prevention
education by guest speakers is being administered, an alternative
educational activity shall be made available to pupils whose parents
or guardians have not provided written permission for the pupil to
attend that class or assembly. 
  SEC. 3.  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.