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6142.1 AR Administrative Regulation

Sexual Health And HIV/AIDS Prevention Instruction

Comprehensive Sexual Health Instruction The district's sexual health education curriculum shall satisfy the following criteria: (Education Code 51931, 51933) - Instruction and materials shall be age appropriate. Age appropriate refers to 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. - All factual information presented shall be medically accurate and objective. Medically accurate means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists. - Instruction shall be made available on an equal basis to a student who is an English learner, consistent with the existing curriculum and alternative options for an English learner student, as otherwise provided in the Education Code. - Instruction and materials shall be appropriate for use with students of all races, genders, sexual orientations, ethnic and cultural backgrounds, and students with disabilities. - Instruction and materials shall be accessible to students with disabilities, including, but not limited to, the provision of a modified curriculum, materials and instruction in alternative formats, and auxiliary aids. - Instruction and materials shall encourage a student to communicate with his/her parents/guardians about human sexuality. - Instruction and materials shall teach respect for marriage and committed relationships. - Instruction and materials may not teach or promote religious doctrine. - Instruction and materials may not reflect or promote bias against any person on the basis of any category protected by Education Code 220. - Beginning in grade 7, instruction and materials shall teach that abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy, teach that abstinence from sexual activity is the only certain way to prevent sexually transmitted diseases, and provide information about the value of abstinence while also providing medically accurate information on other methods of preventing pregnancy and sexually transmitted diseases. - Beginning in grade 7, instruction and materials shall provide information about sexually transmitted diseases. This instruction shall include how sexually transmitted diseases are and are not transmitted, the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods of reducing the risk of contracting sexually transmitted diseases, and information on local resources for testing and medical care for sexually transmitted diseases. - Beginning in grade 7, instruction and materials shall provide information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. - Beginning in grade 7, instruction and materials shall provide students with skills for making and implementing responsible decisions about sexuality. - Beginning in grade 7, instruction and materials shall provide students with information on the law on surrendering physical custody of a minor child 72 hours or younger, pursuant to Health and Safety Code 1255.7 and Penal Code 271.5. HIV/AIDS Prevention Instruction HIV/AIDS prevention instruction shall be offered at least once in junior high or middle school and once in high school by instructors trained in the appropriate courses. Instruction shall accurately reflect the latest information and recommendations from the United States Surgeon General, the federal Centers for Disease Control and Prevention, and the National Academy of Sciences and shall include: (Education Code 51934) - Information on the nature of HIV/AIDS and its effects on the human body. - Information on the manner in which HIV is and is not transmitted, including information on activities that present the highest risk of HIV infection. - Discussion of methods to reduce the risk of HIV infection, including: - Emphasis that sexual abstinence, monogamy, the avoidance of multiple sexual partners and abstinence from intravenous drug use are the most effective means for HIV/AIDS prevention. - Statistics based upon the latest medical information citing the failure and success rates of condoms and other contraceptives in preventing sexually transmitted HIV infection. - Information on other methods that may reduce the risk of HIV transmission from intravenous drug use. - Discussion of the public health issues associated with HIV/AIDS. - Information on local resources for HIV testing and medical care. - Development of refusal skills to assist students in overcoming peer pressure and using effective decision-making skills to avoid high-risk activities. - Discussion about societal views on HIV/AIDS, including stereotypes and myths regarding persons with HIV/AIDS. This instruction shall emphasize compassion for persons living with HIV/AIDS. In-Service Training and Use of Consultants The Superintendent or designee shall cooperatively plan and conduct in-service training for all district personnel who provide HIV/AIDS prevention education, through regional planning, joint powers agreements or contract services. (Education Code 51935) In developing and providing in-service training, the Superintendent or designee shall cooperate and collaborate with the teachers who provide HIV/AIDS prevention education and with the California Department of Education. (Education Code 51935) The district shall periodically conduct in-service training to enable district personnel to learn new developments in the scientific understanding of HIV/AIDS. In-service training shall be voluntary for district personnel who have demonstrated expertise or received in-service training from the California Department of Education or federal Centers for Disease Control and Prevention. (Education Code 51935) The Superintendent or designee may expand HIV/AIDS in-service training to cover the topic of comprehensive sexual health education for district personnel teaching sexual health education to learn new developments in the scientific understanding of sexual health. (Education Code 51935) The Superintendent or designee may contract with outside consultants with expertise in comprehensive sexual health or HIV/AIDS prevention education, including those who have developed multilingual curricula or curricula accessible to persons with disabilities, to deliver the instruction or to provide training for district personnel. (Education Code 51936)

Legal & Management References

State
Ed. Code 220 - Prohibition of discrimination
Ed. Code 231.7 - Resources on abuse and teen dating violence; local and national hotlines
Ed. Code 232.7 - Model policy and resources; body shaming
Ed. Code 33544 - Inclusion of sexual harassment and violence in health curriculum framework
Ed. Code 33546.2 - Health framework for California public schools; sextortion
Ed. Code 48980 - Parent/Guardian notifications
Ed. Code 49381 - Human trafficking prevention resources
Ed. Code 51202 - Instruction in personal and public health and safety
Ed. Code 51210.8 - Health education curriculum
Ed. Code 51225.36 - Instruction in sexual harassment and violence; districts that require health education for graduation
Ed. Code 51240 - Excuse from instruction due to religious beliefs
Ed. Code 51513 - Test, questionnaire, survey, or examination containing questions about beliefs or practices
Ed. Code 51930-51939 - California Healthy Youth Act
Ed. Code 51950 - Abuse, sexual abuse, and human trafficking prevention education
Ed. Code 67386 - Student safety; affirmative consent standard
H&S Code 1255.7 - Parents surrendering physical custody of a baby
Pen. Code 243.4 - Sexual battery
Pen. Code 261.5 - Unlawful sexual intercourse
Pen. Code 271.5 - Parents voluntarily surrendering custody of a baby
Federal
20 USC 1232h - Privacy rights
20 USC 7906 - Sex education requirements and prohibited use of funds
California Department of Education Publication - Body Shaming Model Policy & Resources
California Department of Education Publication - Health Education Framework for California Public Schools: Kindergarten through Grade 12, May 2019
Management Resources
California Department of Education Publication - Health Education Content Standards for California Public Schools: Kindergarten Through Grade Twelve, 2008
Court Decision - Mahmoud v. Taylor (2025) 606 U.S. ____ (2025 WL 1773627)
CSBA Publication - Promoting Healthy Relationships for Adolescents: Board Policy Considerations, Governance Brief, August 2014
Human Rights Campaign Foundation Publication - California LGBTQ Youth Report, January 2019
Website - CSBA District and County Office of Education Legal Services
Website - Human Rights Campaign
Website - U.S. Food and Drug Administration
Website - California Partnership to End Domestic Violence
Website - California Safe Schools Coalition
Website - California Department of Education, Sex Education and HIV/AIDS/STD Instruction
Website - California Department of Public Health
Website - California Healthy Kids Resource Center
Website - Centers for Disease Control and Prevention
Website - CSBA

Cross References