California healthy youth act + foster youth November2018 Ruth Dawson, Staff Attorney Amy Lemley, Executive Director

Learn about what the California Healthy Youth Act requires schools teach all students Learn about how foster youth have the right to this crucial education and how advocates are making this a reality Connect with resources G O A L S

A G E N D A Who’s in the room? Why is CHYA important for foster youth? Understanding the law Its purpose Baseline requirements (all grades) Content requirements (grades 7-12) SB 89 – expanding CHYA to foster youth LA pilot program Resources Q&A

Who’s in the Room? 3 minutes

why is comprehensive sex ed important…? Young people deserve and benefit from receiving quality sexual health education. More than half of CA students are sexually active in 12th grade Rates of STIs are growing faster in CA than any other state, highest among those 15-24 Nearly 12% of CA high school students have experienced sexual dating violence; 10% have experienced physical dating violence CSE can help prevent sexual harassment/ abuse before it starts Between 2015 and 2017, the % of sexually active CA students using birth control increased LGBTQ-inclusive education has been shown to have a positive effect on school climate and make LGBTQ youth feel safer in school

why is comprehensive sex ed important…? Quality sex ed is especially critical for low-income communities and communities affected by systemic discrimination, poverty, lack of access to health care, and lifelong health disparities. National research shows that students of color and low- income students have less access to formal sex education. 89% of CA parents want students to receive comprehensive sex education. Discrimination means different treatment, not equal treatment, or not respecting who someone is.

UNDERSTANDING THE LAW

CHYA: The law Education Code 51930-51939 California’s comprehensive sexual health education law Effective as of January 1, 2016

CHYA: The law Requires districts to provide sex education to students at least twice—once in middle school and once in high school Allows sex education to be provided in K-6 in an age appropriate way Expands and strengthens instruction in healthy relationships and requires that all instruction be affirmatively inclusive of students of all genders and sexual orientations Applies to continuation schools and independent study programs

CHYA: baseline req’s all grades k-12 Age appropriate, medically accurate, and objective Not promoting of any religious doctrine Accessible and appropriate for students of all abilities, genders, sexual orientations, and racial, ethnic and cultural backgrounds Requires that tone and content must be consistent across all instruction and materials—regardless of who provides each component

CHYA: baseline req’s all grades k-12 Recognize that people have different sexual orientations and examples of relationships must also include same-sex relationships Include instruction on: Gender Gender expression Gender identity; and The harms of negative gender stereotypes

CHYA: baseline req’s all grades k-12 Parental notification and opt-out Training requirements At the beginning of the school year or at least 14-days before instruction Districts must also provide opportunities to view the curriculum and other instructional materials Must also allow parents to opt their student out of instruction using a passive consent (“opt-out”) process All instructors must have knowledge in the most recent medically accurate research on human sexuality, healthy relationships, pregnancy, and HIV and other sexually transmitted infections Outside consultants and guest speakers must also have expertise in comprehensive sexual health education

ChYA: add’l content req’s for grades 7-12 About HIV and other STIs, including how to prevent and treat them Effectiveness and safety of all FDA-approved contraceptive methods, including abstinence All legally available pregnancy outcomes, including: Parenting, adoption, and abortion; Information about California law on surrendering custody of an infant; and The importance of prenatal care NOTE: ABSTINENCE-ONLY EDUCATION HAS BEEN STRICTLY PROHIBITED UNDER CA LAW SINCE 2004

CHYA: add’l content req’s for grades 7-12 Sexual assault, sexual abuse, adolescent relationship abuse, and intimate partner violence Sexual harassment Human trafficking Local resources and student rights about: Accessing sexual and reproductive health care; and Assistance with sexual assault and intimate partner violence

CHYA: human trafficking ab 1277 (2017) CHYA already required instruction on healthy relationships, including abuse and sex trafficking, and AB 1277 expands those requirements to explicitly include sexual abuse and human trafficking Instruction must now specifically include information about: Sexual abuse; The prevalence and nature of human trafficking Strategies to reduce the risk of human trafficking; Techniques to set healthy boundaries; How to safely seek assistance; and The early warning signs of adolescent relationship abuse and intimate partner violence

CHYA: charter schools ab 2801 (2018) Effective as of July 1, 2019 This bill extends CHYA requirements to charter schools across the state

QUESTIONS & RESOURCES CHYA resources My School, My Rights https://www.aclusocal. org/en/know-your- rights/sex-education My School, My Rights Your Health, Your Rights

QUESTIONS & RESOURCES aclusocal.org/en/lgbtq-know-your-rights

1313 West 8th Street, Los Angeles, CA 90017 Contact us! rdawson@aclusocal.org (213) 977-5258 1313 West 8th Street, Los Angeles, CA 90017 Further questions, concerns, or advocacy needed? I can also put you in touch with folks from other ACLU affiliates and projects.