California Education Code

§ 51938

EDC § 51938 Effective Jan 1, 2016Div. 4 · Title 2 · Part 28 · Ch. 5.6 · Art. 4

Statute text

(a)A parent or guardian of a pupil has 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 a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for comprehensive sexual health education and HIV prevention education.

(b)At the beginning of each school year, or, for a pupil who enrolls in a school after the beginning of the school year, at the time of that pupil’s enrollment, each school district shall notify the parent or guardian of each pupil about instruction in comprehensive sexual health education and HIV prevention education and research on pupil health behaviors and risks planned for the coming year. The notice shall do all of the following:

(1)Advise the parent or guardian that written and audiovisual educational materials used in comprehensive sexual health education and HIV prevention education are available for inspection.

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Legislative history

Amended by Stats. 2015, Ch. 398, Sec. 14. (AB 329) Effective January 1, 2016.