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6142.1 BP Board Policy

Sexual Health And HIV/AIDS Prevention Instruction

The Board believes that comprehensive sexual health education provides students with the knowledge and skills to make healthy choices and prevent unintended pregnancy and sexually transmitted diseases, including HIV/AIDS. The Board supports the provision of comprehensive sexual health education that provides accurate information and supports the positive development of young people. The Superintendent or designee may appoint a coordinator and an advisory committee regarding the district's comprehensive sexual health program. This advisory committee shall represent a divergence of viewpoints and may participate in planning, implementing and evaluating the district's comprehensive sexual health education program. The Board shall consider the advisory committee's recommendations when approving the district's program. Parent/Guardian Notification and Excuse At the beginning of each school year, or at the time of a student's enrollment, parents/guardians shall be notified about instruction in comprehensive sexual health education and HIV/AIDS prevention education, as well as research on student health behaviors and risks, planned for the coming year. The notice shall advise parents/guardians: (Education Code 48980, 51938) - That written and audiovisual educational materials to be used in comprehensive sexual health and HIV/AIDS prevention education are available for inspection - That parents/guardians may request in writing that their child not receive comprehensive sexual health or HIV/AIDS prevention education - That parents/guardians have a right to request a copy of Education Code 51930-51939 - Whether the comprehensive sexual health or HIV/AIDS prevention education will be taught by district personnel or outside consultants If the district chooses to use outside consultants or to hold an assembly with guest speakers to teach the comprehensive sexual health or HIV/AIDS prevention education, the notification shall include: (Education Code 51938) - The date of the instruction - The name of the organization or affiliation of each guest speaker - Information stating the right of the parent/guardian to request a copy of Education Code 51933-51934 If the arrangements for instruction by outside consultants or guest speakers are made after the beginning of the school year, the district shall notify parents/guardians by mail or another commonly used method of notification no fewer than 14 days before the instruction is given. (Education Code 51938) The district may administer to students in grades 7-8 anonymous, voluntary, and confidential research and evaluation instruments, including tests and surveys, containing age-appropriate questions about their attitudes or practices relating to sex. Prior to administering such a research and evaluation instrument, parents/guardians shall be provided written notice of the administration. Parents/guardians shall be given an opportunity to review the research instrument and to request in writing that their child not participate. (Education Code 51938, 51939) Parents/guardians shall be asked to sign and return to the school an acknowledgment that they have received the notification. Upon written request, a parent/guardian may excuse his/her child from participating in comprehensive sexual health or HIV/AIDS prevention education or from participating in questionnaires or surveys regarding health behaviors and risks. Students so excused by their parents/guardians shall be given an alternative educational activity. (Education Code 51240, 51939) A student shall not be subject to disciplinary action, academic penalty, or other sanction if the student's parent/guardian declines to permit the student to receive the instruction. (Education Code 51939)

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