May/2019
California Healthy Youth Act (CHYA)
Effective 2019-20 school year, expansion of Comprehensive Sexual Health Education, and Human Immunodeficiency Virus (HIV) Prevention Education, will be required in all CWCS Health coursework at least once in Middle Grades (7-8) and once in High School (Grades 9-12) as required by law. CWCS will ensure this requirement is met in the Grade 8 year and once in high school. The California Healthy Youth Act and AB 2601, requires school districts, including Charter Schools, to ensure that students in grades 7 to 12 receive comprehensive sexual health education and HIV prevention education.
Three more Assembly Bills add additional elements to the instruction required under the Act. AB 643 requires the inclusion of information on the early warning signs of adolescent relationship abuse and intimate partner violence. AB 1227 adds information on human trafficking. Additionally, the CPR in Schools legislation (AB 1719) seeks to include hands-only CPR instruction, along with Automated External Defibrillator (AED) awareness, in any required high school health course. CPR instruction must meet the standards currently used by the American Red Cross or the American Heart Association, or an instructional program that is nationally-recognized, and be based on the most current national evidence-based emergency cardiovascular care guidelines.
The California Healthy Youth Act has five primary purposes:
- To provide pupils with the knowledge and skills necessary to protect their sexual and reproductive health from HIV and other sexually transmitted infections and 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
Instruction provided in grades 7-12, in addition to meeting the instructional criteria or baseline requirements above, must include all of the following content (EC § 51934):
- Information on the nature and transmission of HIV and other sexually transmitted infections (STIs);
- Information about all federal Food and Drug Administration (FDA)-approved methods of preventing and reducing the risk of transmission of HIV and other STIs, including antiretroviral treatment, and information about treatment of HIV and STIs;
- Information about reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing;
- Discussion about social views of HIV and AIDS, emphasizing that all people are at some risk of contracting HIV and that the only way to know one's HIV status is by being tested;
- Information about accessing resources for sexual and reproductive health care and assistance with sexual assault and intimate partner violence, as well as students' legal rights to access these resources;
- Information about the effectiveness and safety of all federal FDA-approved contraceptive methods in preventing pregnancy (including emergency contraception);
- Information that abstinence is the only certain way to prevent unintended pregnancy and HIV and other STIs; information about value of delaying sexual activity must be included and must be accompanied by information about other methods for preventing pregnancy, HIV and STIs;
- Information about pregnancy, including 1) the importance of prenatal care; 2) all legally available pregnancy outcomes, including parenting, adoption, and abortion; and 3) California's Newborn Safe Surrender Law; and
- Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and human trafficking.
This is a summary of the law. See EC § 51934 for the exact language of these requirements.
Required Criteria:
- Instruction and materials shall be age appropriate. (Any of these content areas may also be covered in an age-appropriate way prior to grade 8.)
- All factual information presented shall be medically accurate and objective.
- Instruction and materials shall be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.
- Instruction and materials shall not reflect or promote bias against any person on the basis of any category protected by Section 220.
- Instruction and materials shall affirmatively recognize that people have different sexual orientations and, when discussing or providing examples of relationships or couples, shall be inclusive of same-sex relationships.
- Instruction and materials shall teach pupils about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes.
- Instruction and materials shall encourage a pupil to communicate with his or her parents, guardians, and other trusted adults about human sexuality and provide the knowledge and skills necessary to do so.
- Instruction and materials shall teach the value of and prepare pupils to have and maintain committed relationships such as marriage.
- Instruction and materials shall provide pupils with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation.
- Instruction and materials shall provide pupils with knowledge and skills for making and implementing healthy decisions about sexuality, including negotiation and refusal skills to assist pupils in overcoming peer pressure and using effective decision making skills to avoid high-risk activities.
- Instruction and materials may not teach or promote religious doctrine.
This is a summary of the law. See EC § 51934 for the exact language of these requirements.
Terms Defined:
- "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 (EC51931).
- "Medically accurate" means 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 …
- 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.
Curriculum and Instructional Materials
Our students will benefit from instruction that fosters the development of positive health behaviors and prevention of negative unhealthy behaviors. CWCS's Comprehensive Health Education Curriculum focuses on essential information that is imperative for students well -being. This course of study will conform to the guidelines provided by the California State Education Code 51933 and the California Healthy Youth Act. Content within grade-level lessons are developmentally appropriate and aligned with Health Framework for California Public Schools, National Health Education Standards and California State Standard for Growth, Development and Sexual Health, Proposed revised CA Health Frameworks.
All instruction and materials, including materials used in independent study coursework, must support and align with the purposes of the California Healthy Youth Act and with each other. Instruction and materials may not be in conflict with or undermine each other or any of the purposes of the law. For example, schools may not use materials that, in promoting abstinence, focus exclusively on the failure rates or perceived disadvantages of condoms or contraception. Education Specialists are responsible for ensuring their parents are informed about the health course requirements. Education Specialists, in partnership with the parent(s), are responsible for ensuring that curriculum meets minimum standards as outlined above, including curriculum with approved CWCS vendors when used to meet the health course requirements for CWCS.
Parental / Guardian Rights
Planned Instruction: Parents are notified of planned instruction in comprehensive sexual health and HIV prevention education and research on student health behaviors and risks each year in the Parent Handbook and per this posted policy. CWCS advises parents/guardians that the recommended educational materials for the comprehensive sexual health education and HIV prevention education coursework are available for inspection on our website Curriculum page. Parents will teach the required course topics using the approved curriculum which also will require participation in a school webinar, or enroll students in an approved course. Parents will also be informed about whether the instruction in CWCS courses will be provided by district personnel or outside consultants or guest speakers at least 14 days in advance. CWCS course materials, including teacher guides will be made available for inspection. Further, all instruction and materials from outside consultants or guest speakers must meet all tenets of the law. If instruction will be provided by outside consultants or guest speakers, the notice must include the name and organizational affiliation of the outside consultant or guest speaker and the date of the instruction. The notice must also inform parents/guardians of their right to request copies of Education Code §§ 51933, 51934, and 51938.
Right to Opt Out Parents/guardians have the right to excuse their child from comprehensive sexual health education and HIV prevention education regardless if student is enrolled in a class or is being provided Independent Instruction. In order to excuse your child you must state your request in writing to CWCS by providing a written letter or email, to the school office. (EC § 51938(b)(4).) This documentation will then be forwarded to the Executive Director to be put in the student file.
Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillator (AED) Awareness:
As per California Ed Code, AB-1719 Pupil instruction: cardiopulmonary resuscitation, all students before graduating from any California High School will need to participate in a Hands Only CPR lesson (students do not need to learn to breath for the victim). This requirement was added to CWCS health courses beginning with the 2018-19 school year. Please visit the CWCS CPR Policy for additional information and procedures for meeting this requirement.
Implementation
Middle School- 8th graders: The CA Healthy Youth Act mandate will apply to our 8th grade students beginning in the 2019-2020 school year. The learning that takes place through the CA Healthy Youth Act Mandate will count towards PE minutes and can be documented in the PE log.
Students will have three options for completing the CA Healthy Youth Act mandate:
- Complete at home, school approved curriculum materials and attend one of the online webinars (4 will be offered throughout the school year)
- Complete at home, school approved curriculum materials and attend one of the live sessions (2 will be offered throughout the school year)
- Opt out of learning the CA Healthy Youth Act mandate (opt out must be in writing and sent to, who will need to forward a copy of the form to the Executive Director)
The webinar and in-person unbiased sessions will allow students equal access to the trained instructor and curriculum.
High School- grades 9-12
For the 2019-2020 school year and beyond, the CA Healthy Youth Act mandate will apply to all students taking a Health course, no matter their grade level. The learning that takes place through the CA Healthy Youth Act Mandate will count towards Health credits in which 5 health credits is a graduation requirement.
Students will have four options for completing the CA Healthy Youth Act mandate:
- Complete at home, school approved curriculum materials and attend one of the online webinars (4 will be offered throughout the school year)
- Complete at home, school approved curriculum materials and attend one of the live sessions (2 will be offered throughout the school year)
- Enroll in a CWCS in-person or online 5 credit Health class where the CHYA requirements will be integrated with the health course material.
- Opt out of learning the CA Healthy Youth Act mandate (opt out must be in writing and sent to ES who will forward to the Executive Director; keeping a copy as student's portfolio sample)
The webinar and in-person sessions will allow students equal access to the trained instructor and curriculum.
Documentation
Grade 8:
Education Specialist will collect a work sample from the required 8th grade course content for the student's school portfolio under their life-skills coursework. If a parent exercises their right to opt out of the comprehensive sexual health education and HIV prevention content in Grade 8 (including students who have already completed this requirement at another school), a copy of the Opt Out letter will be placed in the back of the student's school portfolio, and the original letter/email put in the student's file.
8th grade health class under life skills as a growth area (2 samples-1 for PE and 1 for health)
High School
Education Specialist will collect a work sample for High School students as part of their required health course. If a parent exercises their right to opt out of the comprehensive sexual health education and HIV prevention content in High School, a copy of the Opt Out letter will be attached to the student's health sample in the school portfolio, and the original letter/email put in the student's file.
Education Specialists will ensure students complete the required CPR quiz with a 75% or higher score prior to their Health Course completion (see CPR Policy). Tracking of this will be the completed responses as verified on the Google survey being used for the quiz to show proficiency and understanding.