Health Education - Frequently Asked Questions
General CHYA Health Education Questions | |
Question | Answer |
What is the California Healthy Youth Act (“CHYA”)? | CHYA is an act “Enacted January 1, 2016, this law integrates the instruction of comprehensive sexual health education and HIV prevention education. The bill renamed the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act to the California Healthy Youth Act. The bill requires school districts to ensure that all pupils in grades seven to twelve, inclusive, receive comprehensive sexual health education and HIV prevention education.” |
Who received Comprehensive Sexual Health and HIV/AIDS Prevention Education Health Education and where will it be taught? | Assembly Bill (AB) 329, Education Code (EC) 51934 requires that students receive CHYA Health Education once in middle school and once in high school. Middle School Comprehensive Sexual Health and HIV/AIDS Prevention Education will be taught in Grade 7 & 8 science courses in the spring semester. This complies with the CHYA mandate, which requires that this content be taught at least once in middle school. High School Health content is currently delivered as part of the first year, Grade 9 Physical Education courses at our district high schools. It may also be taken in later grade levels for students who move into our district and haven't yet completed the content. This complies with the CHYA mandate, which requires that this content be taught at least once in high school. |
When will Comprehensive Sexual Health and HIV/AIDS Prevention Education instructional materials be available for parents/students to view? | “Prior to providing instruction in comprehensive sexual health education or HIV prevention education, Education Code (EC) 51938 requires school districts to notify parents of the instruction and to make materials available for parents to review. School districts may notify parents/guardians at the beginning of the school year or at least 14 days prior to instruction…” - Excerpt from ”Parent Notification” information tab on California Department of Education website |
Will teachers and administrators receive professional development regarding CHYA and Comprehensive Sexual Health and HIV/AIDS Prevention Education? | Yes, teachers and administrators will receive professional development regarding CHYA and Comprehensive Sexual Health and HIV/AIDS Prevention Education. |
When can parents expect to learn more about CHYA and Comprehensive Sexual Health and HIV/AIDS Prevention Education? | Please visit your school website/calendar of events for future opportunities to learn more! |
Opt-Out Questions | |
Question | Answer |
Can parents opt students out of Comprehensive Sexual Health Education? | Yes, the law makes it clear that parents can opt their children out of comprehensive sex education. According to the language in AB 329, “The legislature recognizes that while parents and guardians overwhelmingly support medically accurate, comprehensive sex education, parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.” School districts are required to notify parents/guardians a minimum of 14 days prior to the first day of comprehensive sexual health instruction. To opt-out of the sexual health and HIV instruction, parents/guardians must request in writing that their child not participate in this specific instruction. If the parent/guardian does not request in writing that the child be withheld, the child will attend the instruction (EC § 51938[a]). Source. |
What is considered Sexual Health Education and HIV Prevention content? | “Comprehensive sexual health education” means education regarding human development and sexuality, including education on pregnancy, contraception, and sexually transmitted infections (EC 51931). “HIV prevention education” means instruction on the nature of human immunodeficiency virus (HIV) and AIDS, methods of transmission, strategies to reduce the risk of HIV infection, and social and public health issues related to HIV and AIDS (EC 51931). Abstinence from sexual activity and injection drug use shall be taught within the context of comprehensive sexual health and HIV prevention education (EC 51934[3]), however, abstinence-only education is not permitted in California public schools. Source: https://www.cde.ca.gov/ls/he/se/index.asp |
Can parents opt-out of LGBTQ-related Health Education instruction and content? | No, under the California Healthy Youth Act, all comprehensive sexual health and HIV prevention instruction and materials in grades K-12 must be inclusive of lesbian, gay, bisexual, transgender, and/or queer (LGBTQ) students. Instruction must affirmatively recognize that people have different sexual orientations and, when discussing or providing examples of relationships and couples, must be inclusive of same-sex relationships. It must also teach students about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes. This means that schools are required to teach about sexual orientation and transgender, cisgender, and non-binary gender identities. Learn more here. |
Can parents opt-out of all instruction and content related to LGBTQ? | No. As stated in Education Code 51932(b) , the opt-out provision of the California Healthy Youth Act does not apply to instruction or materials outside the context of comprehensive sexual health education, including those that may reference gender, gender identity, sexual orientation, discrimination, bullying, relationships, or family. For example, the opt-out rule associated with comprehensive sexual health education would not apply to a social studies lesson on the U.S. Supreme Court’s 2015 ruling in favor of same-sex marriage. Read more about the FAIR Education Act of 2011.Source |
Can parents opt-out of other required Health Education instruction or content? | Ed Code 51240. (a) If any part of a school’s instruction in health conflicts with the religious training and beliefs of a parent or guardian of a pupil, the pupil, upon written request of the parent or guardian, shall be excused from the part of the instruction that conflicts with the religious training and beliefs. |
A simple way to think about these questions is: Parents have the right to passive consent only in all grades. When discussing opt-out, parents can opt-out of content, but NOT people:
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Are students able to opt-out for themselves? | According to the California Department of Education and San Diego County Office of Education, students under the age of 18 are not able to opt themselves out of comprehensive sexual health education. Only a parent or legal guardian can opt-out a student. |
What is the opt-out process for parents? |
1. some or ALL of the Sexual Health & HIV Education units of study 2. any part of required Health Education instruction (grades 9-12) due to “conflicts with the religious training and beliefs of a parent or guardian of a pupil”
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What will a student do in class if a parent chooses to opt them out of all or part of the Comprehensive Sexual Health & HIV/AIDS Prevention Education curriculum? | Students who are opted-out of all or part of the Comprehensive Sexual Health & HIV/AIDS Prevention Education will complete alternative assignments during class time. |
Parent Resources | |
Question | Answer |
Where can parents/students access information and resources about Comprehensive Sexual Health and HIV/AIDS Prevention Education? | Parents/students may access information and resources about Health Education on the Health Education webpage. These resources are accessible should a parent want to utilize the information with their student at home. |
How can a parent/student ask a question after reviewing the information on the Health Education webpage? | Parents/students may complete this form, located at the bottom of the Health Education webpage for support with any additional questions related to CHYA or Health Education. |
Where can I find data about Health Education programs and their benefits for students? | Research from the Centers for Disease Control and Prevention (CDC) provides data about the benefits of HIV/STD prevention programs for students. |