Text of CA AB 349 (2006)

skip to content home accessibility FAQ feedback sitemap login x Quick Search: Bill Number Bill Keyword Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Information >> Bill Search >> Text Bill Text PDF2 Add To My Favorites | Version: 04/11/05 - Amended Assembly 02/10/05 - Introduced AB-349 Prohibited instruction: sexual instruction or counseling.(2005-2006) Text >> Votes >> History >> Bill Analysis >> Today's Law As Amended >> Compare Versions >> Status >> Comments To Author >> Add To My Favorites >> SHARE THIS: Bill Start Amended IN Assembly April 11, 2005 CALIFORNIA LEGISLATURE— 2005–2006 REGULAR SESSION Assembly Bill No. 349 Introduced by Assembly Member Mountjoy February 10, 2005 An act to add Article 7 (commencing with Section 51560) to Chapter 4 of Part 28 of the Education Code, relating to instruction. LEGISLATIVE COUNSEL'S DIGEST AB 349, as amended, Mountjoy. Prohibited instruction: sexual instruction or counseling. Existing law permits the parent or guardian of a pupil to excuse his or her child from all or part of comprehensive sexual health education, HIV/AIDS prevention education, and assessments related to that education, as specified. This bill would prohibit certain sexual instruction or counseling of pupils in kindergarten and grades 1 to 6, inclusive, and would require a school district to provide notice and obtain the written approval of the parent or guardian of a pupil to provide or permit this instruction or counseling to a pupil in grades 7 to 12, inclusive, as specified. Because this bill would impose additional requirements on school districts, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Article 7 (commencing with Section 51560) is added to Chapter 4 of Part 28 of the Education Code, to read: Article 7. Approval of Sexual Instruction or Counseling 51560. As used in this article: (a) “Parent” means the biological parent of a pupil, or the legally adoptive parent of a pupil. (b) “Guardian” means the legal guardian of a pupil. (c) “Instruction” means an assignment, demonstration, depiction, discussion, dissemination, display, explanation, posting, presentation, question, survey, or test. (d) “Notice” or “notify” means a written advisory that complies with the requirements of Section 51563, that instruction or counseling will be provided on one or more of the subjects specified in Section 51561. (e) “Public school setting” includes any school sponsored activity involving an employee, contractor, volunteer, or agent of a school district, regardless of its location. 51561. If a school district intends to provide or permit instruction or counseling in a public school setting to, or in the presence of, a pupil in grades 7 to 12, inclusive, relating to bestiality, bisexuality, cunnilingus, domestic partnerships, fellatio, homosexuality, lesbianism, masochism, masturbation, necrophilia, orgies, pederasty, pedophilia, sadism, sodomy, transexuality, transgenderism, or transvestitism, the school district shall provide notice as described in Section 51563 to the parent or guardian of the pupil, in writing, no more than 15 days and no less than 10 days in advance of the instruction or counseling, and shall obtain the written approval of the pupil’s parent or guardian consenting to the instruction or counseling. A school district shall provide a separate notice as described in Section 51563 to the parent or guardian of a pupil, and shall obtain the separate written approval of the pupil’s parent or guardian for each day the school district will provide instruction or counseling on subjects specified in this section. 51562. Instruction or counseling shall not be provided to, or in the presence of, a pupil in kindergarten or grades 1 to 6, inclusive on the subjects specified in Section 51561 in a public school setting. 51563. The notice required in Section 51561 shall be titled “Request for Parental Approval of Specified Sexual Instruction or Counseling” and this title shall be printed at the top of the page, in boldface and no less than 16 point type, and shall be immediately followed by the text of Sections 51561 and 51562 in no less than 14 point type. The notice shall include all of the following information printed in no less than 12 point type: (a) The date, time, and location of the instruction or counseling. (b) The name of the teacher or administrator in charge of the instruction or counseling, and the name and affiliation of any presenters. (c) The telephone number at which the teacher or administrator in charge may be reached during regular school hours. (d) A reminder that parents and guardians may attend the class or assembly. (e) A detailed and accurate description of the instruction to be provided, including, but not limited to, the scope and content of any activity, counseling, instruction, program, or testimonial, and copies of any audio or visual presentation, curriculum, display, handout, illustration, literature, poster, survey, test, or text, and the address of any Internet site to be used in the instruction. 51564. An audio or visual presentation, curriculum, handout, illustration, literature, poster, survey, test, or text to be used in the instruction or counseling of any of the subjects specified in Section 51561 shall be kept in a school office, out of the sight of pupils, and shall be available for inspection and copying by any parent, guardian, or agent of the parent or guardian of a pupil beginning at least 15 days in advance of, and for at least 15 days after, the instruction or counseling. The school district shall retain the original written approval required pursuant to Section 51561 for at least 90 days. A parent, guardian, or agent of the parent or guardian of a pupil is entitled to inspect and copy the written approval submitted by that parent or guardian upon request. A school district may charge a reasonable fee to cover costs associated with copying. 51565. If a parent or guardian of a pupil does not provide written approval pursuant to Section 51561, the pupil shall be excused from the instruction or counseling, and offered other activities worth equal credit. A pupil may not be academically penalized if his or her parent or guardian does not provide written approval pursuant to Section 51561. If the parents or guardians of a majority of the pupils in a class or assembly do not provide written approval pursuant to Section 51561, then the school district shall not conduct the instruction or counseling relating to the subjects specified in the notice provided pursuant to Section 51563 in that class or assembly, but may conduct the instruction or counseling with pupils whose parents have provided written approval at an alternate location and time. 51566. A school district that is determined to be in violation of Section 51561 or 51562 by a court of competent jurisdiction shall be liable to the pupil or the parent or guardian of the pupil for damages in the amount of five thousand dollars ($5,000) per incident, for actions filed between January 1, 2006, and December 31, 2007. Beginning January 1, 2007, the amount of damages shall be adjusted annually by an inflation factor based on the change in the California Consumer Price Index. In any action brought under this section, the school district has the burden of proving by a preponderance of the evidence that it complied with the notice and written approval required by Section 51561. A prevailing plaintiff is entitled to reasonable attorney fees and court costs. 51567. (a) This article shall not be construed to prevent or limit a school district from disciplining any person who engages in unlawful conduct with respect to a pupil or school district employee. (b) This article does not apply to instruction or counseling regarding the prevention of disease that is federally approved, or to individual pupils who request confidential counseling with a school psychologist or peace officer. (c) This article does not apply to a pupil who is 18 years of age or older. (d) This article shall be liberally construed in favor of prohibiting instruction on the subjects specified in Section 51561. (e) The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.