Today's Law As Amended


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AB-1348 Pupils: parental consent.(2011-2012)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares all of the following:
(1) The Legislature reaffirms subdivision (a) of Section 51100 of the Education Code, which states: “It is essential to our democratic form of government that parents and guardians of schoolage children attending public schools and other citizens participate in improving public education institutions. Specifically, involving parents and guardians of pupils in the education process is fundamental to a healthy system of public education.”
(2) The Legislature reaffirms subdivision (c) of Section 51100 of the Education Code, which states: “All participants in the education process benefit when schools genuinely welcome, encourage, and guide families into establishing equal partnerships with schools to support pupil learning.”
(3) The Legislature reaffirms subdivision (a) of Section 51120 of the Education Code, which states: “The Legislature finds and declares that a critical dimension of effective schooling is parental involvement. Research indicates that parental involvement in a child’s education improves pupil achievement. The Legislature further finds and declares that school districts and schools, in collaboration with parents, teachers, pupils, and administrators, by establishing and developing proper efforts that enhance parental involvement, are taking a pivotal step in encouraging pupil success.”
(4) The Legislature further finds and declares that the role of parents is primary in the development of their children, and that obtaining affirmative parental permission before engaging pupils in sensitive matters bolsters parental involvement and confidence in public schools.
(b) It is the intent of the Legislature in enacting this measure to recognize and honor the principle that the role of parents is primary in the development of their children, and to respect that role by requiring affirmative parental permission regarding matters of child development, health, and safety.

SEC. 2.

 Section 46010.1 of the Education Code is repealed.

46010.1.
 Commencing in the fall of the 1986–87 academic year, the governing board of each school district shall, each academic year, notify pupils in grades 7 to 12, inclusive, and the parents or guardians of all pupils enrolled in the district, that school authorities may excuse any pupil from the school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian.
The notice required pursuant to this section may be included with any other notice given pursuant to this code.

SEC. 3.

 Section 46010.1 is added to the Education Code, to read:

46010.1.
 Notwithstanding any other law, a school official shall not excuse a pupil who is a minor and enrolled in any of grades 1 to 12, inclusive, from the school campus before the end of a schoolday without the written consent of his or her parent or legal guardian. As used in this section, “school official” includes, but is not necessarily limited to, a teacher or a principal, vice principal, registrar, or other classification of school administrator.

SEC. 4.

 Article 3 (commencing with Section 49440) is added to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, to read:

Article  3. Mental or Psychological Screening or Testing
49440.
 The governing board of each school district maintaining kindergarten or any of grades 1 to 12, inclusive, shall not conduct any mental or psychological screening or testing of a minor pupil unless it has obtained the written consent of the pupil’s parent or legal guardian.

SEC. 5.

 Section 51513 of the Education Code is amended to read:

51513.
 No A  test, questionnaire, survey, or examination containing any  questions about the pupil’s  personal beliefs or practices in  of the pupil related to  sex, family life, morality, and  religion, or any  gender, or sexual orientation, or  questions about the pupil’s parents’ or guardians’  beliefs and practices in  of the parents or legal guardians of the pupils related to  sex, family life, morality, and religion, shall  religion, gender, or sexual orientation, shall not  be administered to any a  pupil in kindergarten or grades 1 to 12, inclusive, unless the parent or legal  guardian of the pupil is notified in writing that this test, questionnaire, survey, or examination is to be administered and the parent or legal  guardian of the pupil gives written permission for the pupil to take this test, questionnaire, survey, or examination.

SEC. 6.

 Section 51938 of the Education Code is amended to read:

51938.
 (a)  A parent or guardian of a pupil has the right to excuse their child from all or part of comprehensive sexual health education, HIV  pupil shall not receive comprehensive sexual health education, HIV/AIDS prevention education, or assessments related to that education without the prior written consent of his or her parent or legal guardian. Comprehensive sexual health education, HIV/AIDS  prevention education, and assessments related to that education through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for comprehensive sexual health education and HIV prevention education. under this chapter shall be conducted as follows: 
(b) (a)  At the beginning of each school year, or, for a pupil who enrolls in a school after the beginning of the school year, at the time of that pupil’s enrollment, each school district shall notify the parent or legal  guardian of each pupil about instruction in comprehensive sexual health education and HIV HIV/AIDS  prevention education and research on pupil health behaviors and risks planned for the coming year. The notice shall do all of the following:
(1) Advise the parent or legal  guardian that written and audiovisual educational materials used in comprehensive sexual health education and HIV HIV/AIDS  prevention education are available for inspection.
(2) Advise the parent or legal  guardian whether the comprehensive sexual health education or HIV HIV/AIDS  prevention education will be taught by school district personnel or by outside consultants. A school district may provide comprehensive sexual health education or HIV HIV/AIDS  prevention education, to be taught by outside consultants, and may hold an assembly to deliver comprehensive sexual health education or HIV HIV/AIDS  prevention education by guest speakers, but if it elects to provide comprehensive sexual health education or HIV HIV/AIDS  prevention education in either of these manners, the notice shall include the date of the instruction, the name of the organization or affiliation of each guest speaker, and information stating the right of the parent or legal  guardian to request a copy of this section, Section 51933, and Section 51934. If arrangements for this instruction are made after the beginning of the school year, notice shall be made by mail or another commonly used method of notification, no fewer than 14 days before the instruction is delivered.
(3) Include information explaining the parent’s or legal  guardian’s right to request a copy of this chapter.
(4) Advise the parent or legal  guardian that the parent or guardian has the right to excuse their child from  his or her child will not receive  comprehensive sexual health education and HIV prevention education and that in order to excuse their child they must state their request in writing to the school district. or HIV/AIDS prevention education without the prior written consent of a parent or legal guardian. 
(c) (b)  Notwithstanding Section 51513, anonymous, voluntary, and confidential research and evaluation tools to measure pupils’ health behaviors and risks, including tests, questionnaires, and surveys containing age-appropriate questions about the pupil’s attitudes concerning concerning,  or practices relating to sex, to, sex  may be administered to any a  pupil in grades 7 to 12, inclusive. A  inclusive, if the  parent or guardian has the right to excuse their child from the test, questionnaire, or survey through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for these tests, questionnaires, or surveys in grades 7 to 12, inclusive. Parents or guardians shall be  legal guardian is  notified in writing that this test, questionnaire, or survey is to be administered, the pupil’s parent or legal guardian is  given the opportunity to review the test, questionnaire, or survey if they wish, notified of their right to excuse their child from the test, questionnaire, or survey, and informed that in order to excuse their child they must state their request in writing to the school district. survey, and a parent or legal guardian has given prior written consent for his or her child to participate. 
(d) (c)  The use of outside consultants or guest speakers as described in paragraph (2) of subdivision (b) (a)  is within the discretion of the school district.

SEC. 7.

 Section 51939 of the Education Code is amended to read:

51939.
 (a) A pupil may shall  not attend any class in comprehensive sexual health  education or HIV HIV/AIDS  prevention education, or participate in any an  anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks, if unless  the school has received a written request  prior written consent for the pupil’s participation  from the pupil’s parent or guardian excusing the pupil from participation. legal guardian. 
(b) A pupil may shall  not be subject to disciplinary action, academic penalty, or other sanction if the pupil’s parent or legal  guardian declines to permit the pupil to receive comprehensive sexual health education or HIV HIV/AIDS  prevention education or to participate in anonymous, voluntary, and confidential tests, questionnaires, or surveys on pupil health behaviors and risks.
(c) While comprehensive sexual health education, HIV HIV/AIDS  prevention education, or anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks is being administered, an alternative educational activity shall be made available to pupils whose parents or guardians have requested that they not  legal guardians have not given prior written consent for their children to  receive the instruction or participate in the test, questionnaire, or survey.