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CALIFORNIA


California Sexuality Education Law and Policy


California does not require schools to teach sexuality education. However, if schools do teach sexuality education, which they are permitted to do in kindergarten through the twelfth grade, they must follow certain guidelines. In addition, California schools are required to teach HIV/AIDS education to students at least once in middle school and once in high school.


California state law requires that all instruction be age-appropriate and medically accurate, which is defined as “verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention (CDC), the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists. ”


In addition, California law dictates that, “instruction and materials shall be appropriate for use with pupils of all races, genders, sexual orientations, ethnic and cultural backgrounds, and pupils with disabilities.” Instruction must also encourage parent-child communication about sexuality. From grade 7 on, all instruction must include information about abstinence while “providing medically accurate information on other methods of preventing pregnancy and sexually transmitted diseases.” This instruction must “provide information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception.” Each school district must provide in-service trainings for all teachers and school employees who conduct HIV-prevention education. School districts may contract with outside consultants either to teach students or provide the in-service trainings. In addition to the California law, the state's Health Education Framework emphasizes the need to address HIV/AIDS, STDs, and pregnancy prevention and provides suggestions for curricula. In 2003, the California Department of Education also released its own guidelines and resources.


Parents or guardians may remove their children from sexuality education and/or STD/HIV education classes. This is referred to as an “opt-out” policy.


See California Education Code Sections 51930 through 51939.