Tools for Administrators
California Education Code
CHAPTER 5.6
Section 51930. (a) This chapter shall be known and may be cited as the
California Comprehensive Sexual Health and HIV/AIDS Prevention
Education Act.
(b) The purposes of this chapter are as follows:
(1) To provide a pupil with the knowledge and skills necessary to
protect his or her sexual and reproductive health from unintended
pregnancy and sexually transmitted diseases.
(2) To encourage a pupil to develop healthy attitudes concerning
adolescent growth and development, body image, gender roles, sexual
orientation, dating, marriage, and family.
Section 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, and sexually transmitted diseases.
(c) "English learner" means a pupil as described in subdivision (a) of Section 306.
(d) "HIV/AIDS prevention education" means instruction on the
nature of HIV/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.
(e) "Instructors trained in the appropriate courses" means
instructors with knowledge of the most recent medically accurate
research on human sexuality, pregnancy, and sexually transmitted
diseases.
(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.
Section 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 materials that discuss gender, sexual orientation, or family life and do not discuss human reproductive organs and their functions.
Section 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:
(1) Instruction and materials shall be age appropriate.
(2) All factual information presented shall be medically accurate
and objective.
(3) Instruction 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) 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.
(6) Instruction and materials shall encourage a pupil to
communicate with his or her parents or guardians about human
sexuality.
(7) Instruction and materials shall teach respect for marriage and
committed relationships.
(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.
Section 51934. (a) A school district shall ensure that all pupils in grades
7 to 12, inclusive, receive HIV/AIDS 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.
(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 and its effects on the human body.
(2) Information on the manner in which HIV is and is not
transmitted, including information on activities that present the highest risk of HIV infection.
(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.
Section 51935. (a) A school district shall cooperatively plan and conduct
in-service training for all school district personnel that provide
HIV/AIDS 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 prevention education and with the State
Department of Education.
(c) In-service training shall be conducted periodically to enable
school district personnel to learn new developments in the scientific
understanding of HIV/AIDS. 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
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.
Section 51936. School districts may contract with outside consultants with expertise in comprehensive sexual health education or HIV/AIDS prevention education, or both, including those who have developed multilingual curricula or curricula accessible to persons with disabilities, to deliver the instruction or to provide training for school district personnel.
Section 51937. It is the intent of the Legislature to encourage pupils to communicate with their parents or guardians about human sexuality and HIV/AIDS 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
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.
Section 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 may hold an assembly to deliver comprehensive sexual health
education or HIV/AIDS prevention education by guest speakers, but if
it 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. 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.
Section 51939. (a) A pupil may not attend any 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.
(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 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
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.
