New Law sponsored by ACLU and Planned Parenthood

New Law Forces Schools To Release Students From School Without Parental Notification
Has your child taken a survey at school that asks about their sexuality? Planned Parent Hood would like to know!

AB329 CA Education Code Sections 51930‐51939 The California Healthy Youth Act mandates that schools must release students from campus without parental notification.

Does the law require instruction about local health resources?

Yes. The California Healthy Youth Act requires that students learn about local resources for sexual and reproductive health care, sexual assault and intimate partner violence. (EC §§ 51934(a)(8)) The law also requires instruction about how students can access those resources and their rights to access them. For example, under California law, minors may consent to confidential medical care related to reproductive health care, including prevention and treatment of pregnancy (under 18 years of age) and prevention and treatment for HIV and STIs (12 years and older). (California Family Code §§ 6925, 6926; EC § 46010.1; American Academy of Pediatrics v. Lungren, 16 Cal.4th 307 (1997); 87 Ops. Cal. Atty. Gen. 168, 172 (2004)).

In addition, students also have the right to obtain sensitive services, including reproductive health care, during school hours, and must be allowed to leave campus for the purpose of obtaining these services.(EC § 48205; EC § 46010.1; 87 Ops. Cal. Atty. Gen. 168, 172 (2004)). In these instances, schools are not allowed to require parental consent or notification, and must mark the student’s absence as excused and allow the student to make up full credit for assignments or class time missed. (EC § 48205; 87 Ops. Cal. Atty. Gen. 168, 172 (2004).)

For further guidance on confidential medical release, please visit the National Center for Youth Law document -- Confidential Medical Release : Frequently Asked Questions from Schools and Districts.

So a 12 year old child can ask to be excused from school. Leave campus unsupervised, and the parents have no right to know there child is no longer at school.

How does a 12 year old get from school to Planned Parenthood?

Who is responsible for the safety of the child once they leave school unsupervised?

Are the health framework for California public schools and the California Health Education Content Standards current with respect to legal requirement for comprehensive sexual health and HIV prevention program?

No. The Health Framework from 2003 is extremely outdated and is inconsistent with the California Healthy Youth Act; it should not be used. The California Health Education Content Standards, adopted in 2008, do not directly conflict with the California Healthy Youth Act but also do not include all required content. Therefore, the health standards should not be independently relied upon for developing or evaluating sexual health curriculum.

However, the California Department of Education, Instructional Quality Commission, and State Board of Education have begun the revision process for the Health Education Framework and expect completion by May 2019.

Why are political activists writing curriculum for California Public Schools?

It is important for families to understand that this law authored by Assemblymember Shirley Weber and was sponsored by the ACLU of California, California Latinas for Reproductive Justice, Equality California, Forward Together and Planned Parenthood Affiliates of California.

What does the law say about parental/guardian consent for surveys?

In order to facilitate the collection of data needed by researchers to evaluate the effectiveness of comprehensive sexual health education and other unintended pregnancy prevention efforts, the law permits schools to administer anonymous, voluntary, confidential, age-appropriate surveys or questionnaires in which students are asked about their sexual activities and attitudes in order to measure their health behaviors and risks. Parents/guardian must be notified of any planned surveys or questionnaires, be given the opportunity to review these surveys or questionnaires and, in grades 7-12, be given the opportunity to request in writing that their child not participate. Schools may not adopt an active consent or “opt-in” policy for these surveys or questionnaires for students in grades 7 to 12. (EC § 51938(c).) Prior to grade 7, parents must give active consent in order for their child to participate.

Parents have the right to opt their child out of all or part of Comprehensive Sexual Health Education

Education Code Section 51938(b)(4)

(a) A parent or guardian of a pupil has the right to excuse their child from all or part of comprehensive sexual health education, HIV prevention education, and assessments related to that education through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for comprehensive sexual health education and HIV prevention education.
(b) 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 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 prevention education are available for inspection.
(2) Advise the parent or guardian whether the comprehensive sexual health education or HIV prevention education will be taught by school district personnel or by outside consultants. A school district may provide comprehensive sexual health education or HIV prevention education, to be taught by outside consultants, and may hold an assembly to deliver comprehensive sexual health education or HIV prevention education by guest speakers, but if it elects to provide comprehensive sexual health education or HIV 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 has the right to excuse their child from comprehensive sexual health education and HIV prevention education and that in order to excuse their child they must state their request in writing to the school district.
(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. A parent or guardian has the right to excuse their child from the test, questionnaire, or survey through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for these tests, questionnaires, or surveys in grades 7 to 12, inclusive. Parents or guardians shall be notified in writing that this test, questionnaire, or survey is to be administered, given the opportunity to review the test, questionnaire, or survey if they wish, notified of their right to excuse their child from the test, questionnaire, or survey, and informed that in order to excuse their child they must state their request in writing to the school district.
(d) The use of outside consultants or guest speakers as described in paragraph (2) of subdivision (b) is within the discretion of the school district.

Parents have the right to opt their child out of all surveys or questionnaires that ask about a students sexual activities and attitudes in order to measure their health behaviors and risks.

Education Code Section 51939(a)

(a) A pupil may not attend any class in comprehensive sexual health education or HIV 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 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 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.