Prior to providing instruction in comprehensive sexual health education or HIV/AIDS prevention education, Education Code (EC) 51938 requires school districts to notify parents of the instruction and to make materials available for parents to review. School districts may notify parents/guardians at the beginning of the school year or at least 14 days prior to instruction. Districts shall allow parents to withdraw their child from class upon written request, using a passive consent or "opt-out" policy for required HIV/AIDS prevention instruction. Districts shall not adopt an active consent or "opt-in" policy for parental consent for required HIV/AIDS prevention instruction. Districts may use either a passive consent ("opt-out") or active consent ("opt-in") policy for comprehensive sexual health education.
Schools may administer assessments relating to students’ health behaviors and risks, including tests, questionnaires, and surveys. Parents shall be given prior notice of these assessments, the opportunity to review the assessment instrument, and may withdraw their child from the assessment. In grades seven through twelve, schools may use either a passive consent ("opt-out" policy) for parental consent for assessments or prior written consent. In earlier grades, schools shall use an active consent or ("opt-in" policy) for parental consent for assessments.
Sample Notification Letter
HIV Health Notice and Option Letter (English) (DOC)
Available Translations of the Sample HIV Health Notice and Option Letter
The Sample HIV Health Notice and Option Letter is used to notify parents of HIV/AIDS prevention education and comprehensive sexual health education.