Model Parental Rights in Child’s Education Policy

California Parental Rights Policy
SECTION 1. DEFINITIONS.

As used in this policy:

(a) COMPREHENSIVE SEXUAL HEALTH EDUCATION has the meaning set forth in California Education Code § 51931(b).

(b) HIV PREVENTION EDUCATION has the meaning set forth in California Education Code § 51931(d).

(c) FAMILY LIFE EDUCATION means instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, harassment, bullying, intimidation, relationships, or family.

(d) PHYSICAL PRIVACY CONCERN means any circumstances where a child may be in a state of undress in the same room as someone of the opposite biological sex while on school premises or, if not on school premises, while under the supervision of school personnel. The term includes, but is not limited to, the presence of any person on school premises who asserts a gender identity different from the person’s biological sex and who is permitted by policy, practice, or law to access restrooms, locker rooms, showers, and overnight accommodations consistent with the person’s gender identity.

SECTION 2. RIGHT TO NOTIFICATION OF INSTRUCTION IN COMPREHENSIVE SEXUAL HEALTH EDUCATION, HIV PREVENTION EDUCATION, RESEARCH ON PUPIL HEALTH BEHAVIORS AND RISKS, AND FAMILY LIFE EDUCATION.

(a) A parent or guardian of a pupil has the right to excuse their child from all or part of comprehensive sexual education, HIV prevention education, and family life education through a passive consent (“opt-out”) process.

(b) At the beginning of each school year, or, for a pupil who enrolls in a school after the beginning of the school year, at the time of that pupil’s enrollment, each school shall notify the parent or guardian of each pupil about instruction in comprehensive sexual health education, HIV prevention education, and family life education planned for the coming year. The notice shall do all of the following:

1. Advise the parent or guardian that written and audiovisual educational materials used in comprehensive sexual health education, HIV prevention education, and family life education are available for inspection.
2. Advise the parent or guardian whether the comprehensive sexual health education, HIV prevention education, and/or family life education will be taught by school district personnel or by outside consultants. A school may provide comprehensive sexual health education, HIV prevention education and/or family life education, to be taught by outside consultants, and may hold an assembly to deliver comprehensive sexual health education, HIV prevention education, and/or family life education by guest speakers, but if it elects to provide comprehensive sexual health education, HIV prevention education, and/or family life education in either of these manners, the notice shall include the date of the instruction, the name of the organization or affiliation of each guest speaker, and information stating the right of the parent or guardian to request a copy of California Education Code Section 51933, and Section 51934. If arrangements for this instruction are made after the beginning of the school year, notice shall be made by mail or another commonly used method of notification, no fewer than 14 days before the instruction is delivered.
3. Include information explaining the parent’s or guardian’s right to request a copy of this policy.
4. Advise the parent or guardian that the parent or guardian has the right to excuse their child from comprehensive sexual health education, HIV prevention education, and family life education and that in order to excuse their child they must state their request in writing to the school district.

SECTION 3. RIGHT TO NOTIFICATION OF PHYSICAL PRIVACY CONCERNS.

(c) At the beginning of each school year, or, for a pupil who enrolls in a school after the beginning of the school year, at the time of that pupil’s enrollment, each school shall notify the parent or guardian of each pupil about any physical privacy concern planned for the coming year. If a physical privacy concern occurs after the beginning of the school year, notice shall be made by mail or another commonly used method of notification to each parent or guardian no less than 14 days before the occurrence of a physical privacy concern; or if a physical privacy concern occurs without the prior knowledge of school personnel, within twenty-four (24) hours of any school personnel first learning of the physical privacy concern. The notice shall do all of the following:

1. Advise the parent or guardian of the specific circumstances resulting in the physical privacy concern, provided however that the notice shall not include any personal identifying information.
2. Advise the parent or guardian of any activities, including school activities and overnight trips, that will be impacted by the physical privacy concern.
3. Advise the parent or guardian that the parent or guardian has the right to excuse their child from participating in any instruction or school activities that create a physical privacy concern and that in order to excuse their child they must state their request in writing to the school district.
4. Advise the parent or guardian that the parent or guardian has the right to
   • obtain a privacy accommodation for their child, such as a single-user restroom, locker room or similar facility, while on school premises or attending school-sponsored events, and
   • obtain lodging accommodations for their child during any school related overnight trips, such as a separate hotel room or lodging where the sleeping quarters and restrooms, showers and locker rooms are limited to members of the same biological sex,
5. Advise the parent or guardian that in order to obtain privacy or lodging accommodations for their child, they must state their request in writing to the school district.
6. Include information explaining the parent’s or guardian’s right to request a copy of this policy.

SECTION 4. SCHOOL’S RESPONSIBILITIES.

(a) The school shall be responsible for ensuring that every parent or guardian receives all written notices. Any failure to properly notify a parent or guardian that results in a child receiving comprehensive sexual health education, HIV prevention education, or family life education against the wishes of the parent or being exposed to a physical privacy concern against the wishes of the parent shall be considered the fault of the school.

(b) The school shall be responsible for removing a parent’s or guardian’s child at the proper times according to the parent’s or guardian’s opt-out request as indicated in the signed statement from the parent or guardian. The school shall follow the parent’s or guardian’s opt-out request until the school is notified in writing by parent or guardian that their opt-out request has changed.

(c) The school shall be responsible for ensuring that there are sufficient facilities to accommodate all children whose parents or guardians have requested privacy or lodging accommodations. The school shall also be responsible for ensuring that no child is coerced or pressured into circumstances that create a physical privacy concern.

(d) The school shall be responsible for ensuring that no child participates in a school activity of which a parent or guardian has opted their child out.