SECTIONS 151000-151003 - California Statutes

HEALTH AND SAFETY CODE

SECTION 151000-151003

151000. This division shall be known, and may be cited, as the
Sexual Health Education Accountability Act.

151001. For purposes of this division, the following definitions
shall apply:
(a) "Age appropriate" means 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) A "sexual health education program" means a program that
provides instruction or information to prevent adolescent pregnancy,
unintended pregnancy, or sexually transmitted diseases, including
HIV, that is conducted, operated, or administered by any state
agency, is funded directly or indirectly by the state, or receives
any financial assistance from state funds or funds administered by a
state agency, but does not include any program offered by a school
district, a county superintendent of schools, or a community college
district.
(c) "Medically accurate" means verified or supported by research
conducted in compliance with scientific methods and published in peer
review journals, where appropriate, and recognized as accurate and
objective by professional organizations and agencies with expertise
in the relevant field, including, but not limited to, the federal
Centers for Disease Control and Prevention, the American Public
Health Association, the Society for Adolescent Medicine, the American
Academy of Pediatrics, and the American College of Obstetricians and
Gynecologists.

151002. (a) Every sexual health education program shall satisfy all
of the following requirements:
(1) All information shall be medically accurate, current, and
objective.
(2) Individuals providing instruction or information shall know
and use the most current scientific data on human sexuality, human
development, pregnancy, and sexually transmitted diseases.
(3) The program content shall be age appropriate for its targeted
population.
(4) The program shall be culturally and linguistically appropriate
for its targeted populations.
(5) The program shall not teach or promote religious doctrine.
(6) The program shall not reflect or promote bias against any
person on the basis of disability, gender, nationality, race or
ethnicity, religion, or sexual orientation, as defined in Section
422.56 of the Penal Code.
(7) The program shall provide information about the effectiveness
and safety of at least one or more drug or device approved by the
federal Food and Drug Administration for preventing pregnancy and for
reducing the risk of contracting sexually transmitted diseases.
(b) A sexual health education program that is directed at minors
shall comply with all of the criteria in subdivision (a) and shall
also comply with both the following requirements:
(1) It shall include information that the only certain way to
prevent pregnancy is to abstain from sexual intercourse, and that the
only certain way to prevent sexually transmitted diseases is to
abstain from activities that have been proven to transmit sexually
transmitted diseases.
(2) If the program is directed toward minors under the age of 12
years, it may, but is not required to, include information otherwise
required pursuant to paragraph (7) of subdivision (a).
(c) A sexual health education program conducted by an outside
agency at a publicly funded school shall comply with the requirements
of Section 51934 of the Education Code if the program addresses
HIV/AIDS and shall comply with Section 51933 of the Education Code if
the program addresses pregnancy prevention and sexually transmitted
diseases other than HIV/AIDS.
(d) An applicant for funds to administer a sexual health education
program shall attest in writing that its program complies with all
conditions of funding, including those enumerated in this section. A
publicly funded school receiving only general funds to provide
comprehensive sexual health instruction or HIV/AIDS prevention
instruction shall not be deemed an applicant for the purposes of this
subdivision.
(e) If the program is conducted by an outside agency at a publicly
funded school, the applicant shall indicate in writing how the
program fits in with the school's plan to comply fully with the
requirements of the California Comprehensive Sexual Health and
HIV/AIDS Prevention Education Act, Chapter 5.6 (commencing with
Section 51930) of the Education Code. Notwithstanding Section 47610
of the Education Code, "publicly funded school" includes a charter
school for the purposes of this subdivision.
(f) Monitoring of compliance with this division shall be
integrated into the grant monitoring and compliance procedures. If
the agency knows that a grantee is not in compliance with this
section, the agency shall terminate the contract or take other
appropriate action.
(g) This section shall not be construed to limit the requirements
of the California Comprehensive Sexual Health and HIV/AIDS Prevention
Education Act (Chapter 5.6 (commencing with Section 51930) of Part
28 of the Education Code).
(h) This section shall not apply to one-on-one interactions
between a health practitioner and his or her patient in a clinical
setting.

151003. This division shall apply only to grants that are funded
pursuant to contracts entered into or amended on or after January 1,
2008.