Since the California Healthy Youth Act went into effect in 2016, California public schools are required to teach complete, science-based, and inclusive sex education at least once in middle school and once in high school. Join us for a workshop about how school-based health advocates can leverage the law to ensure their districts are creating linkages to care relating to reproductive health and healthy relationships. Participants will learn about how the law has been implemented to-date and gain strategies and tools to take back to their own schools.

1. Implementing Sex Education in
California Schools:
From Classroom to Clinic
JENNIFER CHOU (she / her / hers)
REPRODUCTIVE JUSTICE & GENDER EQUITY ATTORNEY
CALIFORNIA SCHOOL-BASED HEALTH CONFERENCE
MAY 18, 2018

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Who We Are
 Community engagement
 Public education
 Legislation
 Litigation

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Disclaimer
This presentation constitutes general
information and is not legal advice.
Please consult an attorney, if needed.

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California Healthy Youth Act (CHYA)

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What Is the
California
Healthy Youth
Act?
 Education Code 51930-51939.
 California’s law on comprehensive
sexual health and HIV prevention
education.
 Went into effect on January 1, 2016.

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What’s Different as of January 1, 2016?
 All districts required to provide comprehensive sexual health education
and HIV prevention education to students at least twice—once in middle
school and once in high school.
 Reinforces focus on promoting healthy attitudes, healthy behaviors, and
healthy relationships.
 Some new content requirements, including sexual harassment and
human trafficking.
 Expands and strengthens requirement that instruction and materials be
inclusive of students of all sexual orientations and genders.
LAYOUT 1

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Purposes of the Law
 To provide pupils with the knowledge and skills necessary to protect their sexual and
reproductive health from HIV and other sexually transmitted infections and from
unintended pregnancy.
 To provide pupils with the knowledge and skills they need to develop healthy attitudes
concerning adolescent growth and development, body image, gender, sexual orientation,
relationships, marriage, and family.
 To promote understanding of sexuality as a normal part of human development.
 To ensure pupils receive integrated, comprehensive, accurate, and unbiased sexual
health and HIV prevention instruction and provide educators with clear tools and
guidance to accomplish that end.
 To provide pupils with the knowledge and skills necessary to have healthy, positive, and
safe relationships and behaviors.
LAYOUT 1
(EDUCATION CODE 51930)

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Baseline Requirements
 Age-appropriate. Education Code 51933(a).
 Medically accurate and objective. Education Code 51933(b).
 Medically accurate: “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, the American Public Health Association, the American Academy of Pediatrics,
and the American College of Obstetricians and Gynecologists.” Education Code 51931.
(ALL GRADES: K-12)

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Baseline Requirements
 All components align with and support the purpose of
the California Healthy Youth Act. Education Code 51933(c).
 Tone and content consistent across all instruction
and materials.
 Regardless of who provides each component.
(ALL GRADES: K-12)

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Baseline Requirements
 Knowledge and skills based. Education Code 51930(b), 51933(g), (h).
 Not promoting of any religious doctrine. Education Code 51933(i).
 Accessible to: Education Code 51933(d)(2), (3).
 English learners, and
 Students with developmental and physical disabilities.
(ALL GRADES: K-12)

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Baseline Requirements
 Do not reflect or promote
bias against any person on
the basis of:
 Disability
 Gender
 Gender identity
 Gender expression
 Nationality, race, or ethnicity
 Religion; or
 Sexual orientation
Education Code 51933(d)(4); see also Education Code 220.
 Culturally inclusive and
appropriate students of all:
 Races
 Genders
 Sexual orientations; and
 Ethnic and cultural backgrounds
Education Code 51933(d)(1).
(ALL GRADES: K-12)

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Baseline Requirements
 Recognize that people have different sexual
orientations and examples of relationships also include
same-sex relationships. Education Code 51933(d)(5).
 Include instruction on: Education Code 51933(b)(6).
 Gender
 Gender expression
 Gender identity; and
 The harms of negative gender stereotypes.
(ALL GRADES: K-12)

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Baseline Requirements
 Teaches the value of and prepares students to form and
maintain healthy, committed relationships based on mutual
respect and affection, and are free from violence, coercion,
and intimidation. Education Code 51933(f), (g).
 Encourage students to communicate with parents,
guardians, or other trusted adults and provides knowledge
and skills necessary for these discussions. Education Code 51933(e).
(ALL GRADES: K-12)

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Additional Content Requirements
 Nature and transmission of HIV and other STIs. Education Code 51934(a)(1), (2), (5).
 HIV and STI prevention and treatment. Education Code 51934(a)(3), (4), (6).
 Social views on HIV and AIDS, including stereotypes and myths,
and emphasizing: Education Code 51934(a)(7).
 Successfully treated HIV-positive individuals have a normal life
expectancy;
 All people are at some risk of contracting HIV; and
 The only way to know if one is HIV-positive is to get tested.
(GRADES 7-12)

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Additional Content Requirements
 Effectiveness and safety of all FDA-approved contraceptive
methods. Education Code 51934(a)(9).
 Abstinence as the only certain way to prevent HIV, STIs, and
unintended pregnancy. Education Code 51934(a)(3).
 Value of delaying sexual activity, while mentioning other methods
of preventing HIV, STIs, and unintended pregnancy. Education Code 51934(a)(3).
Abstinence-only education has been strictly prohibited under
California law since 2004.*
*See CALIFORNIA DEPARTMENT OF EDUCATION (CDE), “Letter from Jack O’Connell, State Superintendent of Public
Education” (May 4, 2006), http://www.cde.ca.gov/ls/he/se/preveducationltr.asp.
(GRADES 7-12)

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Additional Content Requirements
 Includes objective discussion of all legally available pregnancy
outcomes, including:
 Parenting, adoption, and abortion;
 Information about CA law on surrendering custody of an infant; and
 The importance of prenatal care.
Education Code 51934(a)(9).
(GRADES 7-12)

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Additional Content Requirements
 Sexual assault, sexual abuse, adolescent relationship abuse, and
intimate partner violence. Education Code 51934(a)(10), (11).
 Sexual harassment. Education Code 51934(a)(10).
 Human trafficking. Education Code 51934(a)(10).
 Local resources and student rights about: Education Code 51934(a)(8).
 Accessing sexual and reproductive health care; and
 Assistance with sexual assault and intimate partner violence.
(GRADES 7-12)

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Parental Notification and Opt-Out
At the beginning of the school year or at least 14 days before
instruction…
 Notice: Districts must notify parents of instruction and provide them with
opportunities to view the curriculum and other instructional materials.
 Opt-out: Districts must also allow parents to remove their student from
instruction if they so choose, using a passive consent (“opt-out”) process in which
parents must request in writing that their student not receive the instruction.
 Districts may not require active consent (“opt-in”) by requiring that students
return a permission slip in order to receive the instruction.
 Applies across all grades, K-12.
(EDUCATION CODE 51938)

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Instructors, Outside Consultants,
Guest Speakers
Expertise: Comprehensive
sexual health education.
Knowledge: Most recent
medically accurate research on
the relevant topic or topics
covered in their instruction.
Education Code 51936.
Knowledge: Most recent
medically accurate research on
human sexuality, healthy
relationships, pregnancy, and
HIV and other sexually
transmitted infections.
Education Code 51931(e), 51934(a).
All instructors Outside consultants and guest speakers

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 Opportunity to work with your districts to have mandated health
instruction that is tailored to your communities
 E.g., Fresno County PTBi
 Opportunity to teach students how to identify trusted health
resources
 Opportunity for parent education
What Does This Mean for Health
Providers?

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Implementing CHYA

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Actions To-Date
October 2016
ACLU letter to all County Offices of Education from State Superintendent of
Public Instruction
2016/2017 ACLU Public Records Act requests to over 200 California school districts
January 2017 California Adolescent Sexual Health Working Group Curriculum Review
March/April 2018 Updated California Department of Education website
April 2018 State Superintendent letter to all local education agencies
Ongoing
Health Framework revision
Regional CSE networks

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What Can I Do?
 Engage school staff around curriculum and training.
 Connect instruction and training to health resources on and off
campus
 Offer to support curriculum selection and review
 Review district policies and practices around health education
and access.
 E.g., sexual health education, attendance/absences, confidential
medical release

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What Can I Do?
Start now!

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Small Group

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Questions
1) What kind of questions are students asking you about sexual and
reproductive health? About relationships?
2) What kinds of conversations have you had in your school-based clinic
about sexual health education?
3) How does your school-based clinic collaborate with your school or
district’s curriculum and instruction team? With teachers?

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Additional Resources
 Text of the CA Healthy Youth Act:
http://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=EDC&divi
sion=4.&title=2.&part=28.&chapter=5.6.&article=
 ACLU of California CHYA Toolkit: https://www.aclunc.org/sex_ed
 CDE Sex Education Website: https://www.cde.ca.gov/ls/he/se/
 CDE Webinar, Essential Access Health: http://www.essentialaccess.org/learning-
exchange/ca-healthy-youth-act-2016
 ASHWG Curriculum Review: http://ashwg.org/2017/01/09/curriculum-review-california-
healthy-youth-act

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Access to medically and
socially appropriate sexual
education is an important
public right.
– Judge Donald S. Black
FRESNO SUPERIOR COURT
AMERICAN ACADEMY OF PEDIATRICS V. CLOVIS UNIFIED SCH. DISTRICT

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For more information:
Jennifer Chou: jchou@aclunc.org
www.aclunc.org
Photo Copyright Flickr-Via Tsuji