Governor Signs Bill to End Confusion Over Sex Education in Schools

Study Shows Most Schools Fail to Comply with Existing Laws
For Immediate Release: October 2, 2003

SAN FRANCISCO - Governor Davis will sign SB 71 into law today, which streamlines and updates California’s sex education laws. Authored by State Senator Sheila Kuehl and sponsored by the ACLU and Planned Parenthood Affiliates of California, SB 71 replaces 11 separate and often contradictory laws, passed over 35 years, with a single, uniform statute governing sex education and HIV/AIDS prevention education.

“SB 71 is good news for parents, students, and schools,” said Margaret Crosby, staff attorney of the ACLU of Northern California (ACLU-NC). “It ensures that young people get accurate and appropriate information about their sexual health – information the vast majority of parents want them to have. And it clears up confusion for schools, so that teachers and administrators can comply with the law and provide high quality sex education throughout California.”

A study released by ACLU-NC in August found that 85% of schools violate one or more laws governing sex education and HIV/AIDS prevention education, in great part due to confusion over existing laws and their sometimes contradictory requirements. Based on the first statewide survey of sex education in California’s public schools in almost a decade, the study, written by Phyllida Burlingame, titled Sex Education in California Public Schools: Are Students Learning What They Need To Know?, also found that the vast majority of parents want their children to receive sex education at school. For more findings, see the report’s executive summary by clicking HERE. (The full report is also available to read or download HERE.)

SB 71 updates current laws and eliminates the contradictions that confused school administrators. SB 71 establishes new definition of comprehensive sexual health education, sets age-appropriate grade floors for required topics, creates a new uniform parental consent policy, and ensures that instruction is age-appropriate, scientifically current, and bias-free. The bill continues to mandate HIV/AIDS prevention education and to give schools discretion as to whether to teach sex education.