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

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

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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

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BILL NUMBER: AB 517	AMENDED
	BILL TEXT

	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  and HIV/AIDS prevention  education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 517, as amended, Gallagher. The California Comprehensive Sexual
Health and HIV/AIDS Prevention Education Act: educational materials.

   Existing law, the California Comprehensive Sexual Health and
HIV/AIDS Prevention Education Act, authorizes school districts to
provide comprehensive sexual health education, consisting of
age-appropriate instruction, in any of kindergarten and grades 1 to
12, inclusive, and requires school districts to ensure that all
pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention
education, as specified. Existing law requires each school district
to notify parents and guardians about its plan to provide this
instruction for the upcoming year and to inform them, among other
things, that written and audiovisual educational materials used in
this instruction are available for inspection and of the name of the
organization or affiliation of any guest speaker.
   This bill would require a school district to provide a parent or
guardian with ample time to inspect any written or audiovisual
educational material used in comprehensive sexual health education
and HIV/AIDS prevention education and would authorize a parent or
guardian to make copies of any such written educational material that
has been or will be presented by an outside consultant or guest
speaker. The bill would also require a school district to inform
parents and guardians of their right to make these copies and of the
 relevant credentials   training in
comprehensive sexual health education and HIV/AIDS prevention
education  of  any   each  outside
consultant or guest speaker providing this instruction.
   Because this bill would require local educational agencies to
perform additional duties, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 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 is not copyrighted that 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
 it   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  relevant
credentials   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 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 is not copyrighted that has been or
will be presented by an outside consultant or guest speaker.
   (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. 2.  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.