AB 1348

Bill Subjects

Abstract

(1) Existing law requires the governing board of a school district to notify pupils in grades 7 to 12, inclusive, and the parents or guardians of those pupils that school authorities may excuse a pupil from school to obtain confidential medical services without the consent of the pupils parent or guardian. Existing law authorizes a school district to include that notice with any other notice made to a parent or guardian of a pupil pursuant to existing law. This bill would delete this provision, and instead prohibit a school official, as defined, from excusing 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. (2) Existing law prohibits any employee of a school district from administering psychological tests or engaging in other psychological activities involving the application of psychological principles, methods, or procedures, except under specified conditions. Existing law states that parents and guardians of pupils enrolled in public schools have the right to receive information about any psychological testing the school conducts involving their child and to deny permission to give the test, except as specified. This bill would prohibit the governing board of each school district maintaining kindergarten or any of grades 1 to 12, inclusive, from conducting 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.(3) Existing law prohibits a test, questionnaire, survey, or examination containing any questions regarding the beliefs or practices of the pupil or the parents or guardians of the pupil related to sex, family life, morality, and religion, from being administered to any pupil in kindergarten or grades 1 to 12, inclusive, unless the parent or guardian of the pupil is notified in writing that this test, questionnaire, survey, or examination is to be administered and the parent or guardian of the pupil gives written permission for the pupil to take this test, questionnaire, survey, or examination.This bill would add gender and sexual orientation to the topics about which a test, questionnaire, survey, or examination containing any questions regarding the beliefs or practices of a pupil or the parents or legal guardians of a pupil would be prohibited unless the parent or legal guardian of the pupil is notified in writing and gives written permission as specified.(4) The existing California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act authorizes school districts to provide comprehensive sexual health education, as defined, in any kindergarten or grades 1 to 12, inclusive, and requires that school districts ensure that all pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention education, as defined. Existing law requires a school district to notify the parent or guardian of a pupil about instruction in comprehensive sexual health education and HIV/AIDS prevention and empowers a parent or guardian to excuse his or her pupil from all or part of that instruction.This bill would instead prohibit a pupil from receiving this comprehensive sexual education, HIV/AIDS prevention education, or assessments related to that education without the prior written consent of his or her parent or legal guardian. Because this provision would impose new duties on school districts, it would constitute a state-mandated local program.(5) The California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act prohibits a pupil from attending any class in comprehensive sexual education or HIV/AIDS prevention education, or participate in any anonymous, voluntary, or confidential test, questionnaire, or survey on pupil health behaviors and risk, if the school has received a written request from the pupil's parent or guardian excusing the pupil from participation.This bill would instead prohibit a pupil from attending a class in comprehensive sexual education or HIV/AIDS prevention education, or participate in any anonymous, voluntary, or confidential test, questionnaire, or survey on pupil health behaviors and risk, unless the school has received prior written consent for the pupil's participation from the pupil's parent or legal guardian.(2) "?>(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.