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California Healthy Youth Act (AB 329)
California state law, the California Healthy Youth Act (AB 329), requires that comprehensive sexual health education and HIV prevention education be provided for students at least once in middle school and once in high school, starting in grade 7. According to CUHSD Board Policy and Administrative Regulation, 6142.1(b)(c), Comprehensive sexual health education shall be offered to all student in grades 7-12. Please see FAQs for more information.
Instruction must encourage students to communicate with parents, guardians or other trusted adults about human sexuality. Instruction must be medically accurate, age‐appropriate and inclusive of all students. It must include the following:
- Information about HIV and other sexually transmitted infections (STIs), including transmission, FDA approved methods to prevent HIV and STIs, and treatment.
- Information that abstinence is the only certain way to prevent unintended pregnancy, HIV and other STIs, and information about the value of delaying sexual activity.
- Discussion about social views on HIV and AIDS.
- Information about accessing resources for sexual and reproductive health care.
- Information about pregnancy, including FDA-approved prevention methods, pregnancy outcomes, prenatal care, and the newborn safe surrender law.
- Information about sexual orientation and gender, including the harm of negative stereotypes.
- Information about healthy relationships and avoiding unhealthy behaviors and situations.
Central Union High School District trained instructors will be providing health and science instruction for 9th grade health classes. Parents will be sent a notification from the teacher prior to lessons being started in the classroom. State law and district policy allows parents to opt their students out of this instruction. If parents do not want their student to participate in comprehensive sexual health or HIV prevention education, he/she will be able to submit an Opt-Out Notice to their student’s teacher.
To make an appointment to view the materials used in instruction, email Tricia Petter, in Education Services at tpetter@mycuhsd.org. Appointments are available Monday through Friday from 8 a.m. to 4 p.m.
Please reach out to your child’s Health Education teacher if you have any questions or would like to discuss anything regarding the op-out process.
Dr. Corella – Southwest High School – dcorella@mycuhsd.org
Ms. Richards – Southwest High School – brichards@mycuhsd.org
Mrs. Currier – Central Union High School – fcurrier@mycuhsd.org
Ms. Wilkinson – Central Union High School – mwilkinson@mycuhsd.org
Important Document Links
Frequently Asked Questions
What is the Health Education Curriculum Framework?
All schools in California, including CUHSD, are required to teach as detailed in the Education Code. California Education Code defines comprehensive sexual health education as “education regarding human development and sexuality, including education on pregnancy, contraception, and sexually transmitted infections” (Education Code (EC) § 51931(b)) and HIV prevention education as “instruction on the nature of human immunodeficiency virus (HIV) and AIDS, methods of transmission, strategies to reduce the risk of HIV infection, and social and public health issues related to HIV and AIDS” (EC § 51931(d)).
What is “The California Health Youth Act”?
The California Healthy Youth Act is a Department of Education mandate that took effect on January 1, 2016. This mandate requires school districts to provide students with integrated, comprehensive, accurate, and inclusive comprehensive sexual health education and HIV prevention education, delivered at least once in high school and once in middle school by trained instructors.
What is the purpose of the California Healthy Youth Act?
The law has five primary goals:
- Provide students with the knowledge and skills to protect their sexual and reproductive health from HIV/AIDS, other sexually transmitted infections, and pregnancy.
- Provide students with the knowledge and skills to develop healthy attitudes concerning adolescent growth and development, body image, abstinence, access to local community resources, and relationships, while ensuring instruction is unbiased and does not promote any particular sexual behavior.
- Provide medically accurate information about pregnancy, including FDA-approved prevention methods, pregnancy outcomes, and the California Safe Surrender Baby Law.
- Ensure that students receive integrated, comprehensive, inclusive, medically accurate, and unbiased instruction on sexual health and HIV/AIDS prevention.
- Provide students with the knowledge and skills necessary to build and maintain healthy, positive, and safe relationships and behaviors, including communication, consent, and recognizing unhealthy or abusive situations.
What is CUHSD's approach to teaching the mandate?
CUHSD’s collaborative approach with teachers in delivering instruction that meets the California Healthy Youth Act ensures students are provided age-appropriate information; are taught medically accurate and objective material; are appropriate for use with students of all races, genders, sexual orientations, ethnic and cultural backgrounds reflective of our community; and encourages students to communicate with their parents/guardians and other trusted adults about human sexuality and HIV/sexually transmitted infection prevention.
What curriculum or specific textbook is used to teach the California Healthy Youth Act?
There is not a universal curriculum from the state or a publisher that is used specifically for the California Heathy Youth Act. Our trained instructors utilize science and health materials that they have developed, along with supplemental resources to meet the state law and deliver instruction in a way consistent with both the values of the community and requirements of the law.
TMaterials are available for review at the CUHSD District Office, which is accessible to individuals with disabilities. Accessible parking and entrances are available (351 W Ross Ave, El Centro, CA 92243). To make an appointment to view the materials used in the instruction, email Tricia Petter, in Education Services at tpetter@mycuhsd.org or 760-336-4531. Appointments are available Monday through Friday from 8 a.m. to 4 p.m.
What is the Health Education Curriculum Framework?
The 2019 Health Education Curriculum Framework for California Public Schools, Kindergarten through Grade Twelve (Health Education Framework) is a guidance document that districts may use when developing health education programs for students. The framework guides teachers and administrators in teaching California’s 2008 Health Education Content Standards, It is NOT the law.
There is a clear difference between the California Healthy Youth Act and the 2019 Health Education Curriculum Framework. Learn more in the Accessible PDF: Difference Between CHYA and Health Framework.
Does the district notify parents/guardians before instruction?
Yes! According to law, parents or guardians must be notified by the school or district at the beginning of the school year, at least 14 days in advance, or at the time of enrollment, about planned instruction in comprehensive sexual health and HIV prevention education and research on student health behaviors and risks.
The notice must advise parents/guardians that the written and audiovisual educational materials used in the comprehensive sexual health education and HIV prevention education course are available for inspection.
The school district must also inform parents/guardians about whether the instruction will be provided by district personnel, outside consultants, or guest speakers. Further, all instruction and materials from outside consultants or guest speakers must meet all tenets of the law. If outside consultants or guest speakers will provide instruction, the notice must include the name and organizational affiliation of the outside consultant or guest speaker and the date of the instruction.
The notice must also inform parents/guardians of their right to request copies of Education Code §§ 51933, 51934, and 51938. If arrangements are made after the initial notification is sent out at the beginning of the year, districts must notify parents at least 14 days before the instruction via mail or another commonly used method. (EC § 51938(b).)
In this notification, schools must advise parents/guardians that they have the right to excuse their child from comprehensive sexual health education and HIV prevention education, and that in order to excuse their child, they must state their request in writing to the school district. Education Code (EC) § 51938(b)(4).
Parent notification – Opt-Out Notice
Can parents/guardians opt out of sexual health lessons?
Yes. State law and Central Union High School District board policy make it clear that parents can opt their children out of comprehensive sex education by providing written notification to the school district. According to the language in AB 329, “The Legislature recognizes that while parents and guardians overwhelmingly support medically accurate, comprehensive sex education, parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.” The parent notification letter must be sent out to parents/guardians at the beginning of the school year or at least 14 days prior to instruction.
Parent notification – Opt-Out Notice
Can parents opt out of instruction that discusses gender identity, gender expression, and orientation?
As mentioned above, parents/guardians can excuse their children from lessons about comprehensive sexual health and HIV/AIDS prevention education, as well as research on student health behaviors and risks.
However, as stated in Education Code 51932(b) the opt-out provision of the California Healthy Youth Act does not apply to instruction or materials outside the context of comprehensive sexual health education, including those that may reference gender, gender identity, sexual orientation, discrimination, bullying, relationships, or family. For example, the opt-out rule associated with comprehensive sexual health education would not apply to a social studies lesson on the U.S. Supreme Court’s 2015 ruling in favor of same-sex marriage. Read more about the FAIR Education Act of 2011.
Can CUHSD opt out of teaching the mandates of the law?
No, the state legislation known initially as AB 329, requires that students in grades seven through 12 receive comprehensive sexual health education and HIV prevention education at least once in middle school and once in high school.
School districts are tasked with selecting their own curricula under the leadership of their locally elected boards and superintendents.
What does the law teach about abstinence?
Under AB 329, abstinence may not be discussed in isolation from other methods of preventing HIV, other sexually transmitted infections — or STIs — and pregnancy. However, the law requires that instruction and materials include information explaining that abstinence is the only certain way to prevent HIV, other STIs, and unintended pregnancies. It also states that “Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.”
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