SECTIONS 51937-51939 - California Statutes

EDUCATION CODE

SECTION 51937-51939

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.

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.

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.