California Catholic Conference

1. Rights & Responsibilities of Parents/ Guardians of Children in Public Schools Regarding Sexual Health Education • Under California Law • Each school district shall ensure that all pupils in grades 7 to 12 receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. Districts may voluntarily elect to provide “age appropriate” instruction earlier than grade 7. (Ed. Code §51934). • It is the intent of the Legislature to respect the rights of parents or guardians to supervise their children’s education on the subject of human sexuality. Furthermore, the Legislature recognizes parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.” (Ed. Code §51937). California Catholic Conference

2. Rights & Responsibilities of Parents/ Guardians of Children in Public Schools Regarding Sexual Health Education • At the beginning of each school year, the school or district is required to notify parents/guardians about planned instruction in comprehensive sexual health education and HIV prevention education. Upon request, parents/guardians are allowed to review all course materials to be used in such instruction. (Ed. Code §51938) • Parents/Guardians can -- in writing -- excuse their child from all or part of comprehensive sexual health education, HIV prevention education, and assessments related to that instruction through an “opt-out” process. Alternative educational activities shall be made available to those who have been excused from the instruction or participate in the test, questionnaire, or survey. (Ed Code §§51938, 51939) • If any part of a school’s instruction in health conflicts with the religious training and beliefs (including personal moral convictions) of the parent/guardian, that student shall be excused from the part of the instruction that is in conflict with the parent/guardian’s religious training or beliefs. (Ed. Code §51240) California Catholic Conference

3. Rights & Responsibilities of Parents/ Guardians of Children in Public Schools Regarding Sexual Health Education • If parents/guardians believe that their rights regarding the sexual health education of their children have been violated by a school, they can follow the Uniform Complaint Procedures (established by law) with the local school district. If it is believed that a district’s policies/procedures regarding sexual health education are contrary with the law, then that matter can be appealed to the California Department of Education. Additional information is available at https://www.cacatholic.org/policies-issues/education/what-you-need-know-about-ca-healthy-youth-act. California Catholic Conference

4. SB 673 increases parent oversight of age-appropriate sexual health education, while strengthening parental rights/responsibilities to “supervise” such instruction of their children. • Ensure “Age-Appropriate” Instruction • Under the CHYA, sex education is only required in grades 7 through 12 – but districts can voluntarily elect to provide such instruction in earlier grades. It must be made clear that any sexual health education of elementary age (TK-6th Grade) students SHALL be age-appropriate. • Right/Responsibility to be Notified & Review Materials • Under the CHYA, parent have the right and responsibility to be notified about the planned instruction and the right to review those materials in advance of the instruction taking place. Parents must be able to review, through a school district’s website, all materials used in sexual health education well in advance of actual instruction. • Right/Responsibility to “Opt-In” of TK-6 Instruction • Under the CHYA, parents have 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 passive consent (“opt-out”). Given the developmental nature of elementary age students, parents must be respected with the right and responsibility of providing active consent (“opt-in”) for comprehensive sexual health education and HIV prevention education of children in Grades TK-6.