CA Healthy Youth Act FAQ's

Q.   What is the California Healthy Youth Act (CHYA)?

A.   Assembly Bill (AB) 329, also known as CHYA expands existing laws regarding comprehensive sexual health education and HIV/AIDS prevention education.

• CHYA, which took effect on Jan. 1, 2016, requires school districts throughout the state to provide students with comprehensive sexual health education, along with information about HIV prevention, at least once in middle school and once in high school.

Q.  What are the goals of the law?

A.   Protect sexual and reproductive health from HIV and other sexually transmitted infections.

• Develop healthy attitudes about growth and development, body image, gender, sexual orientation, relationships, marriage, and family.
• Sexuality as a normal part of development.
• Integrated, comprehensive, accurate, and unbiased sexual health and HIV prevention instruction.
• Healthy, positive, and safe relationships and behaviors.

Q.  The law allows California school districts to offer age-appropriate sex education for K-6 students if districts choose to do so. Does IUSD offer sex education to K-6 students?

A.  No, at no time is sex education, gender identity or sexual orientation taught to IUSD K-6 students.

• IUSD uses “The Great Body Shop” in grades K-6. IUSD has used this curriculum since 2005. Lessons for K-6 are focused on healthy habits; making good choices; social and emotional wellness; hygiene; and anti-drugs, alcohol, smoking and vaping education. Again, at no time is sex education, sexual orientation or gender identity taught to IUSD K-6 students. While some of this information is included in “Great Body Shop” materials, IUSD does not share or teach lessons about sex education, sexual orientation or gender identity to our K-6 students.
• Scroll to the bottom of this document to learn more about the K-6 grade IUSD health instruction, which provides information by topic and grade level.

Q.   What are the instruction requirements under the law?

A.   The law requires instruction and materials to meet a number of guidelines. Among them, they must be age-appropriate, medically accurate and objective, and appropriate for use with pupils of all races, genders, sexual orientations, ethnic and cultural backgrounds. They also must affirmatively recognize different sexual orientations and be inclusive of same-sex relationships in discussions; teach about gender, gender expression, gender identity and the harm of negative gender stereotypes; and teach the value of committed relationships such as marriage.

• The full list of guidelines is available in Education Code 51933.
• A summary of guidelines includes:
• Sex education must be taught once in middle school and once in high school.
• Shall not reflect bias.
• Must teach about different sexual orientations and same-sex relationships.
• Gender, gender expression, gender identity shall be included in the curriculum.
• Teachers/schools must communicate with parents and inform them of their rights.
• Develop skills and knowledge about maintaining committed relationships such as marriage.
• Forming healthy relationships free from violence, coercion, and intimidation.
• Making healthy decisions about sexuality, overcoming peer pressure and for avoiding high-risk activities.
• May not teach or promote religious doctrine.

Q.    What does the law say about abstinence?

A.   Under AB 329, the law requires that instruction and materials include information explaining that abstinence is the only certain way to prevent HIV, other STIs and unintended pregnancies. It also states, “Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.”

• Abstinence may not be discussed in isolation but must be a part of methods of preventing HIV, other sexually transmitted infections — or STIs — and pregnancy.

Q.   Where can I find more information about AB 329?

A.   You can read the full text of AB 329 on the California Legislative Information website. For more information on the California Healthy Youth Act, visit cde.ca.gov/ls/he/se/faq.asp.

Q.   What rights do parents/guardians have under the law?

A.   The right to review materials.

• The right to be notified when outside speakers are used.
• The right to excuse students from sexual health education.

Q.   Can parents/guardians opt out of sex education?

A.   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.”
• Parents may not only opt their children out of lessons related to gender, gender identity, and sexual orientation.

Q.  Can parents opt out of instruction or materials that discuss gender, gender identity, gender expression and sexual orientation?

A.   As mentioned above, parents or guardians can excuse their children from lessons about comprehensive sexual health and HIV prevention education, as well as research on student health behaviors and risks.

• However, 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 sex education, including those that may reference gender, gender identity, sexual orientation, discrimination, bullying, relationships or family. For example, the opt-out rule associated with sex education would not apply to a social studies lesson on the U.S. Supreme Court’s 2015 ruling in favor of same-sex marriage.

Q.  What is taught to K-6 students?

A.   K-6 Students are taught health.

• IUSD uses “The Great Body Shop” for grades K-6. IUSD has used this curriculum since 2005. Lessons for K-6 are focused on healthy habits; making good choices; social and emotional wellness; hygiene; and anti-drugs, alcohol, smoking and vaping education. At no time is sex education, sexual orientation or gender identity taught to IUSD K-6 students. While some of this information is included in “Great Body Shop” materials, IUSD does not share or teach lessons about sex education, sexual orientation or gender identity to our K-6 students.
• To see topic areas by elementary grade level, scroll to the bottom of this document.

Q.   The Great Body Shop for K-6 students does include some lessons about sex education. Does IUSD teach these lessons to students?

A.   No.

• At no time is sex education, sexual orientation or gender identity taught to IUSD K-6 students. While some of this information is included in “Great Body Shop” materials, IUSD does not share or teach these lessons about sex education, sexual orientation or gender identity to our K-6 students.

Q.   Are K-6 students taught sex education?

A.   No, at no time is sex education, gender identity or sexual orientation taught to IUSD K-6 students.

Q.   When is sex education taught to students?

A.    In accordance with the law, sex education in IUSD is taught once in 7^th grade and once in high school.

Q.  What are the sex education topics for secondary students?

A.   The nature of HIV and other sexually transmitted infections.

• How HIV and other sexually transmitted infections are and are not transmitted.
• Abstinence from sexual activity and using drugs is the only way to prevent infections.
• Abstinence from intercourse is the only certain way to prevent pregnancy.
• The value of delaying sexual activity.
• Medically accurate information on preventing HIV and other sexually transmitted infections and pregnancy.
• The effectiveness and safety of all FDA approved methods that prevent or reduce the risk of contracting HIV and sexually transmitted infections.
• The treatment of HIV and sexually transmitted infections.
• Social views, stereotypes, and myths regarding HIV and AIDS and people living with HIV.
• Local resources and how to access those resources.
• Access to resources for reproductive health care and assistance with sexual assault and partner violence.
• The effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy.
• Legally available pregnancy outcomes, including parenting, adoption, and abortion.
• Sexual harassment, sexual assault, relationship abuse, intimate partner violence, and sex trafficking.
• Gender, gender expression and gender identity.

Q.  Is IUSD required to teach these topics to secondary students?

A.   Yes.

• State legislation originally known as AB 329 requires that students in grades 7-12 receive comprehensive sexual health education and HIV prevention education at least once in middle school and once in high school.

Q.  Does IUSD use the same curricular materials as other school districts in California?

A.   No.

• The law tasks school districts with selecting their own curricula under the leadership of their locally elected boards and superintendents.

Q.   How does IUSD select health education curricular materials?

A.   IUSD has a Board of Education-appointed Health Advisory Committee (HAC), which is comprised of parents and community members. The HAC reviews and approves sensitive information, materials, and outside speakers related to this instruction.

• The Superintendent’s Cabinet then reviews the selected materials before final Board of Education approval.

Q.  Who serves on the Health Advisory Committee?

A.   The Board of Education appoints parents and community members to the Health Advisory Committee for a two-year term.

Q.  Why does IUSD use Teen Talk for secondary students?

A.   Teen Talk was selected by the Health Advisory Committee after reviewing all available and evaluated programs. Teen Talk remains the most highly rated program that is eligible to be adopted.

• More than 100 school districts are using the Teen Talk curriculum throughout California and this number is increasing as more school districts become compliant with CHYA requirements for sexual health instruction.

Q.    Are Teen Talk teacher materials provided and taught to middle and high school students?

A.   No.

• Teachers are provided with additional information and materials for background, which is not shared or taught to students.
• IUSD is working to clearly label this information so that parents reviewing the Teen Talk curriculum do not mistake teacher materials for student lessons.

Q.   Do IUSD K-6 curricular materials include sex education?

A.   No.

• At no time is sex education, sexual orientation or gender identity taught to IUSD K-6 students. While some of this information is included in “Great Body Shop” materials, IUSD does not share or teach lessons about sex education, sexual orientation or gender identity to our K-6 students.
• See more information about the “Great Body Shop” K-6 curricular materials below.

Q.   Who do I contact for more information about IUSD curricular materials and CHYA?

A.  IUSD STEM Department:  Phone:  949-936-5057

Q.   Since IUSD is committed to following the law, who do I contact about the law itself?

A.   Your local state legislator.

Statement:  Sex Education is brainwashing children.

A.   False. This is an unfounded and untrue accusation that only serves to create controversy rather than advancing a constructive and accurate dialogue.

• There is no accepted scientific, psychological or other support for this assertion.
• 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.”

Parents/guardians, who do not support sex education, have the right to opt their children out of comprehensive sex education but they do not have the right to prevent other students from receiving this education.

Statement:  Students are not learning about abstinence.

A.   False.

• Under AB 329, the law requires that instruction and materials include information explaining that abstinence is the only certain way to prevent HIV, other STIs and unintended pregnancies. It also states, “Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.”
• Please note, the law states that abstinence may not be discussed in isolation but must be a part of methods of preventing HIV, other sexually transmitted infections — or STIs — and pregnancy.
• IUSD curriculum and instruction is compliant with the law.

Statement:  IUSD encourages students to have anal sex to avoid pregnancy and STDs, and tells students they will still be virgins if they have anal sex.

A.   False. This is an unfounded and untrue accusation that only serves to create controversy rather than advancing a constructive and accurate dialogue.

• Informing students about the risks associated with anal sex is not the same as encouraging students to have anal sex.
• There is no factual support for this claim in the law, IUSD curricular materials or instruction.

Statement:  Teen Talk is not medically accurate.

A.   False. This is an assertion and personal opinion.

• Teen Talk is medically accurate, both the FDA and CDC recommend the use of condoms during anal sex to reduce the risk of contracting HIV.
• Regarding concerns related to gender identity, as noted above, there is no scientific or medical evidence to support that providing information to students on gender identity causes students to question their sexuality and/or to have “gender dysmorphia.”

Statement:  IUSD is promoting anal sex by informing students to use condoms for protection.

A.   False. This is an unfounded and untrue accusation that only serves to create controversy rather than advancing a constructive and accurate dialogue.

• Both the FDA and CDC recommend the use of condoms during anal sex to reduce the risk of contracting HIV.
• Informing students about the risks associated with anal sex is not the same as encouraging students to have anal sex.

Statement:   By teaching sex education, IUSD does not respect families of faith.

A.   False. This is an unfounded and untrue accusation that only serves to create controversy rather than advancing a constructive and accurate dialogue.

• The law requires school districts throughout California to provide students with comprehensive sexual health education, along with information about HIV prevention, at least once in middle school and once in high school.
• IUSD will not violate the law. As a public school district, we serve all students.
• The law also makes it clear that parents/guardians can opt their children out of comprehensive sex education.
• According to the language in AB 329, “…parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.”
• In compliance with the law, IUSD sends all parents/guardians of students, who will receive sex education, an annual notification letter that informs parents/guardians of their rights and how to opt out of this instruction.