Bill Text: CA AB517 | 2015-2016 | Regular Session | Amended
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-Amended.html
BILL NUMBER: AB 517 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN ASSEMBLY MAY 6, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
INTRODUCED BY Assembly Member Gallagher
FEBRUARY 23, 2015
An act to amend Section 51938 of the Education Code, relating to
sexual health education.
LEGISLATIVE COUNSEL'S DIGEST
AB 517, as amended, Gallagher. The California Comprehensive Sexual
Health and HIV/AIDS Prevention Education Act: educational materials.
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. Existing law
requires each school district to notify parents and guardians about
its plan to provide this instruction for the upcoming year and to
inform them, among other things, that written and audiovisual
educational materials used in this instruction are available for
inspection and of the name of the organization or affiliation of any
guest speaker.
This bill would require a school district to provide a
parent or guardian with ample time allow a pupil's
parent or guardian to inspect any written or audiovisual
educational material used in comprehensive sexual health education
and HIV/AIDS prevention education and would authorize a parent or
guardian to make copies of any written educational material that will
be distributed to students, if it is not copyrighted and has been or
will be presented by an outside consultant or guest speaker. The
bill would authorize a school to charge up to $0.10 per page if a
parent or guardian elects to make copies of this written educational
material. The bill would also require a school district to inform
parents and guardians of their right to make these copies and of the
training in comprehensive sexual health education and HIV/AIDS
prevention education of each outside consultant or guest speaker
providing this instruction. Because the bill would require local
educational agencies to perform additional duties, the bill would
impose a state-mandated local program.
(2) This bill would incorporate additional changes to Section
51938 of the Education Code proposed by AB 329 that would become
operative if this bill and AB 329 are both enacted and this bill is
enacted last.
The
(3) The California Constitution
requires the state to reimburse local agencies and school districts
for certain costs mandated by the state. Statutory provisions
establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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
his or her 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 and
that during this inspection a parent or guardian may make copies at
the parent's or guardian's pupil's school of any written educational
material that will be distributed to students,
pupils, if it is not copyrighted and has been or will be
presented by an outside consultant or guest speaker.
(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,
or may hold an assembly to deliver comprehensive sexual health
education or HIV/AIDS prevention education by guest speakers, but if
the 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 outside consultant
and guest speaker, the training in comprehensive sexual health
education and HIV/AIDS prevention education of each outside
consultant and 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 comprehensive
sexual health education or HIV/AIDS prevention education.
(b) A school district shall provide a parent or guardian,
upon request, ample time allow a pupil's parent or
guardian to inspect any written or audiovisual educational
material used in comprehensive sexual health education and HIV/AIDS
prevention education. A parent or guardian may, during inspection,
make copies at the parent's or guardian's pupil's school of any
written educational material that will be distributed to
students, pupils, if it is not copyrighted and
has been or will be presented by an outside consultant or guest
speaker. If a parent or guardian elects to make copies, the school
may charge up to ten cents ($0.10) per page.
(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 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.
(d) 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. 1.5. 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 his or her
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 comprehensive sexual health education
and HIV prevention 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. inspection and
that during this inspection a parent or guardian may make copies at
the parent's or guardian's pupil's school of any written educational
material that will be distributed to pupils, if it is not copyrighted
and has been or will be presented by an outside
consultant or guest speaker.
(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 or may hold an assembly to deliver
comprehensive sexual health education or HIV/AIDS
HIV prevention education by guest speakers, but if
it the school district 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
outside consultant and guest speaker, the training in
comprehensive sexual health education and HIV prevention education of
each outside consultant and 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
prevention education and HIV
prevention education and that in order to excuse their child they
must state their request in writing to the school district .
(c) A school district shall allow a pupil's parent or guardian to
inspect any written or audiovisual educational material used in
comprehensive sexual health education and HIV prevention education. A
parent or guardian may, during inspection, make copies at the parent'
s or guardian's pupil's school of any written educational material
that will be distributed to pupils, if it is not copyrighted and has
been or will be presented by an outside consultant or guest speaker.
If a parent or guardian elects to make copies, the school may charge
up to ten cents ($0.10) per page.
(b)
(d) 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)
(e) The use of outside consultants or guest speakers as described
in paragraph (2) of subdivision (b) is within the discretion of the
school district.
SEC. 2. Section 1.5 of this bill incorporates
amendments to Section 51938 of the Education Code proposed by both
this bill and Assembly Bill 329. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2016, (2) each bill amends Section 51938 of the Education Code,
and (3) this bill is enacted after Assembly Bill 329, in which case
Section 1 of this bill shall not become operative.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, a local
agency or school district has the authority to levy service charges,
fees, or assessments that may be sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
However, if the Commission on State Mandates determines that this
act contains other 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.
