Healthy Youth Act – Pupil Sexual Health Education (K-12)

On October 1, 2015, Governor Brown signed Assembly Bill 329 into law, which requires school districts to provide sexual health education to students in grades 7 through 12. AB 329 amends Education Code sections 51930 through 51939 and renames the chapter the “Healthy Youth Act.” AB 329 will be effective on January 1, 2016.

LEGAL UPDATE

October 19, 2015

To:  Superintendents, Member School Districts (K-12)

From:  Jennifer E. Nix, Schools Legal Counsel

Subject:  Healthy Youth Act – Pupil Sexual Health Education

Memo No. 27-2015

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On October 1, 2015, Governor Brown signed Assembly Bill 329 into law, which requires school districts to provide sexual health education to students in grades 7 through 12.  AB 329 amends Education Code sections 51930 through 51939[1] and renames the chapter the “Healthy Youth Act.”  AB 329 will be effective on January 1, 2016.

Comprehensive Sexual Health Education and HIV-Prevention Education

As of January 1, 2016, school districts serving students in grades 7 through 12 will be required to ensure that all students in those grades receive comprehensive sexual health education and HIV-prevention education from instructors trained in the appropriate courses.[2]  Every student must receive this instruction at least once in junior high or middle school, and at least once in high school.[3]  This instruction must include the following:

1. Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.
2. Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted.
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.
4. Information about the effectiveness and safety of all FDA-approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections.
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.
7. Discussion about social views on HIV and AIDS.
8. Information about local resources, how to access local resources, and pupils’ legal rights to access local resources for sexual and reproductive health care and 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.
10. Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.[4]

Staff Training

AB 329 also requires school districts to periodically plan and conduct in-service training for all school district personnel who provide HIV-prevention education.[5]

Parental Review of Materials, Excusal of Students, and Notice to Parents

A student’s parent or guardian has the right to excuse his/her student from all or part of sexual education, HIV-prevention education, and assessments related to that education through a passive consent process (“opt-out”).[6]  A school district cannot require active parental consent (“opt-in”) for comprehensive sexual health education and HIV-prevention education.[7]

At the beginning of the school year, or at the time of enrollment for a student enrolling after the start of the school year, each school district must notify parents and guardians about the comprehensive sexual health education and HIV-prevention education and research on health behaviors and risks.[8]  The notice must advise the parents and guardians of the following:

1. That a parent or guardian is able to inspect the materials used in the instruction.
2. Whether school district personnel or outside consultants will be providing the instruction.
3. That a parent or guardian can request a copy of the Healthy Youth Act from the school district.
4. That a parent or guardian has the right to opt-out of the instruction with a written request.[9]

Questionnaires and Surveys

School districts are permitted to give anonymous, voluntary, and confidential research and evaluation tools to students in grades 7 through 12 to measure students’ health behaviors and risks.[10]  Prior to administration of such a test, questionnaire, or survey, school districts must notify parents and guardians that the test, questionnaire, or survey is being given; that parents or guardians have the right to review the test, questionnaire, or survey; and that parents or guardians have the right to excuse their students from the test, questionnaire, or survey with a written request.[11]

Please contact our office with questions regarding this Legal Update or any other legal matter.

 

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

 

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