51933

EDUCATION CODE
SECTION 51933




51933.  (a) School districts may provide comprehensive sexual health
education, consisting of age-appropriate instruction, in any
kindergarten to grade 12, inclusive, using instructors trained in the
appropriate courses.
   (b) A school district that elects to offer comprehensive sexual
health education pursuant to subdivision (a), whether taught by
school district personnel or outside consultants, shall satisfy all
of the following criteria:
   (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.
   (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.
   (7) Instruction and materials shall teach respect for marriage and
committed relationships.
   (8) Commencing in grade 7, instruction and materials shall teach
that abstinence from sexual intercourse is the only certain way to
prevent unintended pregnancy, teach that abstinence from sexual
activity is the only certain way to prevent sexually transmitted
diseases, and provide information about the value of abstinence while
also providing medically accurate information on other methods of
preventing pregnancy and sexually transmitted diseases.
   (9) Commencing in grade 7, instruction and materials shall provide
information about sexually transmitted diseases. This instruction
shall include how sexually transmitted diseases are and are not
transmitted, the effectiveness and safety of all federal Food and
Drug Administration (FDA) approved methods of reducing the risk of
contracting sexually transmitted diseases, and information on local
resources for testing and medical care for sexually transmitted
diseases.
   (10) Commencing in grade 7, instruction and materials shall
provide information about the effectiveness and safety of all
FDA-approved contraceptive methods in preventing pregnancy,
including, but not limited to, emergency contraception.
   (11) Commencing in grade 7, instruction and materials shall
provide pupils with skills for making and implementing responsible
decisions about sexuality.
   (12) Commencing in grade 7, instruction and materials shall
provide pupils with information on the law on surrendering physical
custody of a minor child 72 hours or younger, pursuant to Section
1255.7 of the Health and Safety Code and Section 271.5 of the Penal
Code.
   (c) A school district that elects to offer comprehensive sexual
health education pursuant to subdivision (a) earlier than grade 7 may
provide age appropriate and medically accurate information on any of
the general topics contained in paragraphs (8) to (12), inclusive,
of subdivision (b).
   (d) If a school district elects to offer comprehensive sexual
health education pursuant to subdivision (a), whether taught by
school district personnel or outside consultants, the school district
shall comply with the following:
   (1) Instruction and materials may not teach or promote religious
doctrine.
   (2) Instruction and materials may not reflect or promote bias
against any person on the basis of any category protected by Section
220.