1. TOM TORLAKSON State Superintendent of Public Instruction HIV/AIDS Instruction California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act Education Code sections 51930 – 51939 http://leginfo.legislature.ca.gov/ http://leginfo.legislature.ca.gov/

2. TOM TORLAKSON State Superintendent of Public Instruction Education Codes Article 1. General Provisions Article 2. Authorized Comprehensive Sexual Health Education Article 3. Required HIV/AIDS Prevention Education Article 4. In-service Training Article 5. Notice and Parental Excuse

3. TOM TORLAKSON State Superintendent of Public Instruction Purpose of this Act: To provide a pupil with the knowledge and skills necessary to protect his or her sexual and reproductive health from unintended pregnancy and sexually transmitted diseases. Education Code Section 51930

4. TOM TORLAKSON State Superintendent of Public Instruction Purpose of this Act: To encourage a pupil to develop healthy attitudes concerning adolescent growth and development, body image, gender roles, sexual orientation, dating, marriage, and family. Education Code Section 51930

5. TOM TORLAKSON State Superintendent of Public Instruction HIV/AIDS instruction is mandated. Comprehensive sexual health instruction is not mandated.

6. TOM TORLAKSON State Superintendent of Public Instruction Education Code 51931 Terminology a)“Age appropriate” b)“Comprehensive sexual health education” c)“English learner” d)“HIV/AIDS prevention education” e)“Instructors trained in the appropriate courses” f)“Medically accurate” g)“School district”

7. TOM TORLAKSON State Superintendent of Public Instruction Education Code 51931 b)"Comprehensive sexual health education" means education regarding human development and sexuality, including education on pregnancy, family planning, and sexually transmitted diseases

8. TOM TORLAKSON State Superintendent of Public Instruction Education Code 51931 d)"HIV/AIDS prevention education" means instruction on the nature of HIV/AIDS, methods of transmission, strategies to reduce the risk of human immunodeficiency virus (HIV) infection, and social and public health issues related to HIV/AIDS. "HIV/AIDS prevention education" is not comprehensive sexual health education

9. TOM TORLAKSON State Superintendent of Public Instruction f)“Medically accurate” means verified or supported by research conducted in compliance with scientific methods and published in peer- reviewed journals, … and recognized as accurate and objective by professional organizations … Education Code 51931

10. TOM TORLAKSON State Superintendent of Public Instruction f) “Medically accurate” … and recognized as accurate and objective by professional organizations … Centers for Disease Control and Prevention American Public Health Association American Association of Pediatrics American College of Obstetricians and Gynecologists Education Code 51931

11. TOM TORLAKSON State Superintendent of Public Instruction Education Code 51934 (b) Medically accurate information may also be obtained from: United States Surgeon General National Academy of Sciences.

12. TOM TORLAKSON State Superintendent of Public Instruction (d)(1) Instruction and materials may not teach or promote religious doctrine. (d)(2) Instruction and materials may not reflect or promote bias against any person on the basis of any category protected by EC Section 220. Education Code 51933

13. TOM TORLAKSON State Superintendent of Public Instruction Education Code 220 No person shall be subjected to discrimination based on the basis of sex, ethnic group identification, race, national origin, religion, color, mental or physical disability, or any actual or perceived characteristic [that is defined in] hate crimes [as defined in] Penal Code section 422.55

14. TOM TORLAKSON State Superintendent of Public Instruction Penal Code 422.55 “ Hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: (1) Disability (2) Gender (3) Nationality (4) Race or ethnicity (5) Religion (6) Sexual orientation (7) Association with a person or group with one or more of these actual or perceived characteristics

15. TOM TORLAKSON State Superintendent of Public Instruction HIV/AIDS Instruction Must Include: 1.Information on the nature of AIDS and its effects on the body 2.The manner in which HIV is and is not transmitted, including information on high-risk activities Education Code 51934

16. TOM TORLAKSON State Superintendent of Public Instruction HIV/AIDS Instruction Must Include: 3.Discussion of methods to reduce the risk of HIV infection: a)Instruction shall emphasize sexual abstinence, monogamy, avoidance of multiple sexual partners, and abstinence from intravenous drug use b)Instruction shall include the latest statistics on the success and failure rates of condoms and other methods of contraception to prevent sexually transmitted HIV c)Information on other methods that may reduce the risk of HIV transmission from intravenous drug use Education Code 51934

17. TOM TORLAKSON State Superintendent of Public Instruction HIV/AIDS Instruction Must Include: 4.Discussion of the public health issues associated with HIV/AIDS 5.Information on local resources for HIV testing and medical care Education Code 51934

18. TOM TORLAKSON State Superintendent of Public Instruction HIV/AIDS Instruction Must Include: 6.Development of refusal skills and effective decision-making skills to assist students in overcoming peer pressure and to avoid high-risk activities 7.Discussion about societal views on AIDS, including stereotypes and myths regarding persons with AIDS and emphasizing compassion for people living with HIV/AIDS

19. TOM TORLAKSON State Superintendent of Public Instruction Requirements for Instruction in HIV/AIDS and Comprehensive Sexual Health 1.Instruction and materials shall be age appropriate. 2.All factual information presented shall be medically accurate and objective. 3.Instruction shall be made available on an equal basis to a pupil who is an English learner, consistent with the existing curriculum and alternative options for an English learner pupil as otherwise provided in this code. Education Code 51933

20. TOM TORLAKSON State Superintendent of Public Instruction Requirements for Instruction in HIV/AIDS and Comprehensive Sexual Health 4.Instruction and materials shall be appropriate for use with pupils of all races, genders, sexual orientations, ethnic and cultural backgrounds, and pupils with disabilities. 5.Instruction and materials shall be accessible to pupils with disabilities, including, but not limited to, the provision of a modified curriculum, materials and instruction in alternative formats, and auxiliary aids. 6.Instruction and materials shall encourage a pupil to communicate with his or her parents or guardians about human sexuality. Education Code 51933

21. TOM TORLAKSON State Superintendent of Public Instruction Authorized vs. Required EC 51933 School districts may provide comprehensive sexual health education … in any kindergarten to grade 12, inclusive … EC 51934 … all pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention education … at least once … in middle school and at least once in high school.

22. TOM TORLAKSON State Superintendent of Public Instruction EC 51933 and EC 51934 Where is the line in the sand? If instruction is related to HIV/AIDS – required. If instruction veers away from HIV/AIDS – may be beginning comprehensive sexual health. Example: Some types of contraception

23. TOM TORLAKSON State Superintendent of Public Instruction If local educational agencies do conduct comprehensive sexual health education, the LEA must abide by all tenets of Education Code 51933. The LEA may not pick and choose topics.

24. TOM TORLAKSON State Superintendent of Public Instruction Education Code 51933: Comprehensive Sexual Health Education Requirements If comprehensive sexual health education is taught: 7. Instruction and materials shall teach respect for marriage and committed relationships.

25. TOM TORLAKSON State Superintendent of Public Instruction Education Code 51933: Comprehensive Sexual Health Education Requirements If comprehensive sexual health education is taught, commencing in grade seven, all instruction and materials shall teach: 8. Abstinence from sexual intercourse is the only certain way to prevent pregnancy and STDs, while providing medically accurate information on other methods to prevent pregnancy and STDs.

26. TOM TORLAKSON State Superintendent of Public Instruction Education Code 51933: Comprehensive Sexual Health Education Requirements If comprehensive sexual health education is taught, commencing in grade seven, all instruction and materials shall teach: 9)How STDs are and are not transmitted; safety and effectiveness of all FDA approved methods to reduce the risk of STD transmission; and local resources for STD testing and treatment. 10)Safety and effectiveness of all FDA approved contraceptive methods, including emergency contraception.

27. TOM TORLAKSON State Superintendent of Public Instruction Education Code 51933: Comprehensive Sexual Health Education Requirements If comprehensive sexual health education is taught, commencing in grade seven, all instruction and materials shall teach: 11)Provide skills for making and implementing responsible decisions about sexuality. 12)Provide information on safely and legally surrendering physical custody of a minor child under 72 hours old.

28. TOM TORLAKSON State Superintendent of Public Instruction Resources California Law: http://leginfo.legislature.ca.gov/ Curriculum Guidance: http://www.californiahealthykids.org Centers for Disease Control and Prevention – STD Information: http://www.cdc.gov/std/dstdp/ Centers for Disease Control and Prevention – HIV Information: http://www.cdc.gov/hiv/dhap.htm

29. TOM TORLAKSON State Superintendent of Public Instruction Resources Centers for Disease Control and Prevention – STD Fact Sheets for Youth (English & Spanish): http://www.cdc.gov/std/HealthComm/fact_sheets.htm Teaching Resources: Advocates for Youth http://www.advocatesforyouth.org Youth Advocacy Information: Sexuality Information and Education Council of the United States http://www.siecus.org/ Sample School Board Policies: (membership required) California School Board Association http://www.csba.org California Department of Public Health STD Data by County http://www.cdph.ca.gov/data/statistics/Pages/STDLHJData.aspx

30. TOM TORLAKSON State Superintendent of Public Instruction If you have questions regarding HIV/STD Prevention Education, contact: Sharla E. Smith, MPH HIV/STD Prevention Education Consultant shsmith@cde.ca.gov shsmith@cde.ca.gov http://www.cde.ca.gov/ls/he/se