SECTIONS 51937-51939

51937.  It is the intent of the Legislature to encourage pupils tocommunicate with their parents or guardians about human sexuality andHIV/AIDS and to respect the rights of parents or guardians tosupervise their children's education on these subjects. TheLegislature intends to create a streamlined process to make it easierfor parents and guardians to review materials and evaluation toolsrelated to comprehensive sexual health education and HIV/AIDSprevention education, and, if they wish, to excuse their childrenfrom participation in all or part of that instruction or evaluation.The Legislature recognizes that while parents and guardiansoverwhelmingly support medically accurate, comprehensive sexeducation, parents and guardians have the ultimate responsibility forimparting values regarding human sexuality to their children.51938.  A parent or guardian of a pupil has the right to excusetheir child from all or part of comprehensive sexual healtheducation, HIV/AIDS prevention education, and assessments related tothat education, as follows: (a) At the beginning of each school year, or, for a pupil whoenrolls in a school after the beginning of the school year, at thetime of that pupil's enrollment, each school district shall notifythe parent or guardian of each pupil about instruction incomprehensive sexual health education and HIV/AIDS preventioneducation and research on pupil health behaviors and risks plannedfor the coming year. The notice shall do all of the following: (1) Advise the parent or guardian that written and audiovisualeducational materials used in comprehensive sexual health educationand HIV/AIDS prevention education are available for inspection. (2) Advise the parent or guardian whether the comprehensive sexualhealth education or HIV/AIDS prevention education will be taught byschool district personnel or by outside consultants. A schooldistrict may provide comprehensive sexual health education orHIV/AIDS prevention education, to be taught by outside consultants,and may hold an assembly to deliver comprehensive sexual healtheducation or HIV/AIDS prevention education by guest speakers, but ifit elects to provide comprehensive sexual health education orHIV/AIDS prevention education in either of these manners, the noticeshall include the date of the instruction, the name of theorganization or affiliation of each guest speaker, and informationstating the right of the parent or guardian to request a copy of thissection, Section 51933, and Section 51934. If arrangements for thisinstruction are made after the beginning of the school year, noticeshall be made by mail or another commonly used method ofnotification, no fewer than 14 days before the instruction isdelivered. (3) Include information explaining the parent's or guardian'sright to request a copy of this chapter. (4) Advise the parent or guardian that the parent or guardian mayrequest in writing that his or her child not receive comprehensivesexual health education or HIV/AIDS prevention education. (b) Notwithstanding Section 51513, anonymous, voluntary, andconfidential research and evaluation tools to measure pupils' healthbehaviors and risks, including tests, questionnaires, and surveyscontaining age-appropriate questions about the pupil's attitudesconcerning or practices relating to sex may be administered to anypupil in grades 7 to 12, inclusive, if the parent or guardian isnotified in writing that this test, questionnaire, or survey is to beadministered and the pupil's parent or guardian is given theopportunity to review the test, questionnaire, or survey and torequest in writing that his or her child not participate. (c) The use of outside consultants or guest speakers as describedin paragraph (2) of subdivision (a) is within the discretion of theschool district.51939.  (a) A pupil may not attend any class in comprehensive sexualeducation or HIV/AIDS prevention education, or participate in anyanonymous, voluntary, and confidential test, questionnaire, or surveyon pupil health behaviors and risks, if the school has received awritten request from the pupil's parent or guardian excusing thepupil from participation. (b) A pupil may not be subject to disciplinary action, academicpenalty, or other sanction if the pupil's parent or guardian declinesto permit the pupil to receive comprehensive sexual health educationor HIV/AIDS prevention education or to participate in anonymous,voluntary, and confidential tests, questionnaires, or surveys onpupil health behaviors and risks. (c) While comprehensive sexual health education, HIV/AIDSprevention education, or anonymous, voluntary, and confidential test,questionnaire, or survey on pupil health behaviors and risks isbeing administered, an alternative educational activity shall be madeavailable to pupils whose parents or guardians have requested thatthey not receive the instruction or participate in the test,questionnaire, or survey.