topleft CSBA.org >  Services >  Governance Technology > 

Rescue Union ESD |  BP  6142.1  Instruction

Sexual Health And HIV/AIDS Prevention Instruction   

arrow Previous bar Next arrow

The Governing Board recognizes that accurate information about family life and human sexuality may contribute to a decreased risk for sexually transmitted diseases or unintended pregnancies. The Board also recognizes that Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) pose a public health crisis and that education is a necessary component for helping to slow the spread of this disease. The Board therefore desires to provide a well-planned sequence of instruction on comprehensive sexual health and HIV/AIDS prevention.

(cf. 6142.8 - Comprehensive Health Education)

The district's curriculum shall be based on medically accurate and factual information and shall help students understand the biological, psychological, social, moral, and ethical aspects of human sexuality. The district's program shall comply with the requirements of law and administrative regulation and shall respect the rights of parents/guardians to supervise their children's education on these subjects and to impart values regarding human sexuality to their children.

(cf. 5141.22 - Infectious Diseases)

(cf. 5141.23 - Infectious Disease Prevention)

(cf. 5141.25 - Availability of Condoms)

(cf. 5146 - Married/Pregnant/Parenting Students)

(cf. 6142.8 - Comprehensive Health Education)

(cf. 6143 - Courses of Study)

An advisory committee (CHEC) representing a divergence of viewpoints may participate in planning, implementing and evaluating the district's comprehensive sexual health education program. The committee shall identify the grade levels and courses in which comprehensive sexual education will be offered. Available sex education materials and curriculum components shall then be identified and collected for review and evaluation by the committee. The program coordinator shall verify that all materials are consistent with related district policy. The Board shall consider the advisory committee's recommendations when approving the district's program.

(cf. 1220 - Citizen Advisory Committees)

Parent/Guardian Notification and Excuse

At the beginning of each school year, or at the time of a student's enrollment, parents/guardians shall be notified about instruction in comprehensive sexual health education and HIV/AIDS prevention education, as well as research on student health behaviors and risks, planned for the coming year. The notice shall advise parents/guardians: (Education Code 48980, 51938)

1. That written and audiovisual educational materials to be used in comprehensive sexual health and HIV/AIDS prevention education are available for inspection

2. Whether the comprehensive sexual health or HIV/AIDS prevention education will be taught by district personnel or outside consultants

3. That parents/guardians have a right to request a copy of Education Code 51930-51939

4. That parents/guardians may request in writing that their child not receive comprehensive sexual health or HIV/AIDS prevention education

(cf. 5145.6 - Parental Notifications)

The district may administer to students in grades 7-12 anonymous, voluntary, and confidential research and evaluation instruments, including tests and surveys, containing age-appropriate questions about their attitudes or practices relating to sex. Prior to administering such a research and evaluation instrument, parents/guardians shall be provided written notice of the administration. Parents/guardians shall be given an opportunity to review the research instrument and to request in writing that their child not participate. (Education Code 51938, 51939)

Parents/guardians shall be asked to sign and return to the school an acknowledgment that they have received the notification.

(cf. 5022 - Student and Family Privacy Rights)

Upon written request, a parent/guardian may excuse his/her child from participating in comprehensive sexual health or HIV/AIDS prevention education or from participating in questionnaires or surveys regarding health behaviors and risks. Students so excused by their parents/guardians shall be given an alternative educational activity. (Education Code 51240, 51939)

A student shall not be subject to disciplinary action, academic penalty, or other sanction if the student's parent/guardian declines to permit the student to receive the instruction. (Education Code 51939)

Legal Reference:

EDUCATION CODE

48980 Notice at beginning of term

51202 Instruction in personal and public health and safety

51240 Excuse from instruction due to religious beliefs

51513 Materials containing questions about beliefs or practices

51930-51939 Comprehensive Sexual Health and HIV/AIDS Prevention Education Act

HEALTH AND SAFETY CODE

1255.7 Parents surrendering physical custody of a baby

PENAL CODE

243.4 Sexual battery

261.5 Unlawful sexual intercourse

271.5 Parents voluntarily surrendering custody of a baby

UNITED STATES CODE, TITLE 20

1232h Protection of Student Rights

7906 Sex education

Management Resources:

CDE PUBLICATIONS

Health Framework for California Public Schools, 2003

WEB SITES

California Department of Education, Sex Education and HIV/STD Instruction: http://www.cde.ca.gov/ls/he/se/

California Department of Health Services: http://www.dhs.ca.gov

California Department of Social Services: http://www.dss.cahwnet.gov

California Healthy Kids Resource Center: http://www.californiahealthykids.org

California Safe Schools Coalition: http://www.casafeschools.org

Centers for Disease Control and Prevention: http://www.cdc.gov

Policy RESCUE UNION SCHOOL DISTRICT

adopted: November 2004 Rescue, California