BTW, here's what the Ed Code says right now:
CALIFORNIA CODES
EDUCATION CODE
SECTION 51880-51881
51880. This chapter shall be known and may be cited as the
Comprehensive Health Education Act of 1977.
51881. The Legislature finds and declares that although many of the
communicable diseases and environmental hazards which plagued
earlier generations have been controlled, major health problems and
hazards are prevalent among today's school-age children and youth
including the abuse of alcohol, narcotics, and tobacco; emotional
instability; forced marriage; self-medication; dental caries;
nutritional disorders; suicide; and accidents.
The Legislature finds and declares that an adequate health
education program in the public schools is essential to continued
progress and improvement in the quality of public health in this
state, and the Legislature further believes that comprehensive health
education, taught by properly trained persons, is effective in the
prevention of disease and disability.
It is further the intent of the Legislature that, to the maximum
extent possible, the present state-funded projects in the school
health unit of the Department of Education shall be redirected to
carrying out the provisions of this chapter and maximum use shall be
made of existing state and federal funds in the implementation of
comprehensive health education.
CALIFORNIA CODES
EDUCATION CODE
SECTION 51890
51890. (a) For the purposes of this chapter, "comprehensive health
education programs" are defined as all educational programs offered
in kindergarten and grades 1 to 12, inclusive, in the public school
system, including in-class and out-of-class activities designed to
ensure that:
(1) Pupils will receive instruction to aid them in making
decisions in matters of personal, family, and community health, to
include the following subjects:
(A) The use of health care services and products.
(B) Mental and emotional health and development.
(C) Drug use and misuse, including the misuse of tobacco and
alcohol.
(D) Family health and child development, including the legal and
financial aspects and responsibilities of marriage and parenthood.
(E) Oral health, vision, and hearing.
(F) Nutrition, which may include related topics such as obesity
and diabetes.
(G) Exercise, rest, and posture.
(H) Diseases and disorders, including sickle cell anemia and
related genetic diseases and disorders.
(I) Environmental health and safety.
(J) Community health.
(2) To the maximum extent possible, the instruction in health is
structured to provide comprehensive education in health that includes
all the subjects in paragraph (1).
(3) The community actively participates in the teaching of health
including classroom participation by practicing professional health
and safety personnel in the community.
(4) Pupils gain appreciation for the importance and value of
lifelong health and the need for each individual to take
responsibility for his or her own health.
(5) School districts may voluntarily provide pupils with
instruction on preventative health care, including obesity and
diabetes prevention through nutrition education.
(b) Health care professionals, health care service plans, health
care providers, and other entities participating in a voluntary
initiative with a school district may not market their services when
undertaking activities related to the initiative. For purposes of
this subdivision, "marketing" is defined as making a communication
about a product or service that is intended to encourage recipients
of the communication to purchase or use the product or service.
Health care or health education information provided in a brochure or
pamphlet that contains the logo or name of a health care service
plan or health care organization is not considered marketing if
provided in coordination with the voluntary initiative. The
marketing prohibitions contained in this subdivision do not apply to
outreach, application assistance, and enrollment activities relating
to federal, state, or county sponsored health care insurance programs
that are conducted by health care professionals, health care service
plans, health care providers, and other entities if the activities
are conducted in compliance with the statutory, regulatory, and
programmatic guidelines applicable to those programs.
CALIFORNIA CODES
EDUCATION CODE
SECTION 51930
51930. (a) This chapter shall be known and may be cited as the
California Comprehensive Sexual Health and HIV/AIDS Prevention
Education Act.
(b) The purposes of this chapter are as follows:
(1) To provide a pupil with the knowledge and skills necessary to
protect his or her sexual and reproductive health from unintended
pregnancy and sexually transmitted diseases.
(2) To encourage a pupil to develop healthy attitudes concerning
adolescent growth and development, body image, gender roles, sexual
orientation, dating, marriage, and family.
CALIFORNIA CODES
EDUCATION CODE
SECTION 51933
51933. (a) School districts may provide comprehensive sexual health
education, consisting of age-appropriate instruction, in any
kindergarten to grade 12, inclusive, using instructors trained in the
appropriate courses.
(b) A school district that elects to offer comprehensive sexual
health education pursuant to subdivision (a), whether taught by
school district personnel or outside consultants, shall satisfy all
of the following criteria:
(1) Instruction and materials shall be age appropriate.
(2) All factual information presented shall be medically accurate
and objective.
(3) Instruction shall be made available on an equal basis to a
pupil who is an English learner, consistent with the existing
curriculum and alternative options for an English learner pupil as
otherwise provided in this code.
(4) Instruction and materials shall be appropriate for use with
pupils of all races, genders, sexual orientations, ethnic and
cultural backgrounds, and pupils with disabilities.
(5) Instruction and materials shall be accessible to pupils with
disabilities, including, but not limited to, the provision of a
modified curriculum, materials and instruction in alternative
formats, and auxiliary aids.
(6) Instruction and materials shall encourage a pupil to
communicate with his or her parents or guardians about human
sexuality.
(7) Instruction and materials shall teach respect for marriage and
committed relationships.
(8) Commencing in grade 7, instruction and materials shall teach
that abstinence from sexual intercourse is the only certain way to
prevent unintended pregnancy, teach that abstinence from sexual
activity is the only certain way to prevent sexually transmitted
diseases, and provide information about the value of abstinence while
also providing medically accurate information on other methods of
preventing pregnancy and sexually transmitted diseases.
(9) Commencing in grade 7, instruction and materials shall provide
information about sexually transmitted diseases. This instruction
shall include how sexually transmitted diseases are and are not
transmitted, the effectiveness and safety of all federal Food and
Drug Administration (FDA) approved methods of reducing the risk of
contracting sexually transmitted diseases, and information on local
resources for testing and medical care for sexually transmitted
diseases.
(10) Commencing in grade 7, instruction and materials shall
provide information about the effectiveness and safety of all
FDA-approved contraceptive methods in preventing pregnancy,
including, but not limited to, emergency contraception.
(11) Commencing in grade 7, instruction and materials shall
provide pupils with skills for making and implementing responsible
decisions about sexuality.
(12) Commencing in grade 7, instruction and materials shall
provide pupils with information on the law on surrendering physical
custody of a minor child 72 hours or younger, pursuant to Section
1255.7 of the Health and Safety Code and Section 271.5 of the Penal
Code.
(c) A school district that elects to offer comprehensive sexual
health education pursuant to subdivision (a) earlier than grade 7 may
provide age appropriate and medically accurate information on any of
the general topics contained in paragraphs (8) to (12), inclusive,
of subdivision (b).
(d) If a school district elects to offer comprehensive sexual
health education pursuant to subdivision (a), whether taught by
school district personnel or outside consultants, the school district
shall comply with the following:
(1) Instruction and materials may not teach or promote religious
doctrine.
(2) Instruction and materials may not reflect or promote bias
against any person on the basis of any category protected by Section
220.
