Parents DO have a say in what, whether, and how public schools teach THEIR CHILDREN about sex.

Parents of children in California public schools have these rights:

• To be notified about planned sexual education instruction

• To review those materials in advance of the instruction taking place

• To “opt-out” or excuse their child from attending -- in part or all -- sex and HIV-prevention education programs
  
  NEW--The California Catholic Conference July 31, 2019 issued updated guidelines on the law which can be accessed here.
   

What the law says

In 2015, the California legislature enacted the California Healthy Youth Act (Assembly Bill 329) that revised and reorganized the state’s sexual health education.  Since January 1, 2016, this law requires public school districts to ensure that all pupils in grades seven to twelve, inclusive, receive comprehensive sexual health education and HIV prevention education.  

The law requires that sexual education instruction and HIV prevention education include information about abstinence as the only sure-fire way to avoid STDs and pregnancy. It also requires the instruction include information about abortion, STDs and same-sex relationships and gender issues. 

The law does not require sex ed in grades K-6, but school districts may opt to offer it, and many do.

Under the California Healthy Youth Act, the school must inform parents a minimum of 14 days in advance about planned sexual education and HIV prevention instruction. Parents have the right to review the materials the school uses. 

Parents also have the right to excuse their children from some or all of any instruction discussing human reproductive organs. Parents also have the right to excuse their children from tests, questionnaires and surveys relating to sex. To excuse a child, a parent must state his or her request in writing to the school district. 

Parents should check if their child's school district has a form letter for them to use. If not, here are sample letters for parents to send to schools to review materials, or to opt their child out of all or part of the instruction:

Download OPT-OUT of ALL Material letter

Download OPT-OUT of SOME Material letter 

Download REQUEST TO REVIEW Material letter 

Why is this important for Catholics to know?

The Church teaches that parents are the primary educators of their children. "Since they have conferred life on their children, parents have the original, primary and inalienable right to educate them; hence they must be acknowledged as the first and foremost educators of their children.." (Article V Charter of the Rights of the Family)  As Catholics, we take our vocations as the primary teachers of our children seriously.  While public school systems can teach how sexuality works, we cannot expect the public school systems to teach sexuality in an integrated way that is consistent with the teachings of the Church.

What can I do?

Research and discern how you will talk to your kids about sex
The Church urges parents to discuss sex with their children.  In fact, The Pontifical Council for the Family exhorts parents that, "among the many difficulties parents encounter today, despite different social contexts, one certainly stands out: giving children an adequate preparation for adult life, particularly with regard to education in the true meaning of sexuality." (Introduction, The Truth and Meaning of Sexuality).  We have compiled a list of resources that will help you talk to your kids about sex in a responsible manner that is also consistent with the teachings of the Church.

Educate yourself on California law
There are two California laws that should be understood by all concerned Catholic parents.  First is the Fair, Accurate, Inclusive, and Respectful Education Act, also known as the FAIR Education Act (Senate Bill 48) that was passed in 2011 and became effective in 2012. This legislation amended the California Education Code for K-12 public schools requiring that social studies instruction/materials include the role and contributions of LGBT Americans. The new law also stated that public schools were prohibited from presenting instruction/materials that promote a discriminatory bias on the basis of sexual orientation. Under the law, while instruction in history and social science should include the contributions of specific groups, it is up to local school districts to determine how the instructional content is included and what textbooks are used. In other words, it falls to the teacher and the local school and district administration to determine how the content is covered and at which grade level(s).  Parents' rights regarding their children's education in this area is not entirely clear.  This is what the California Catholic Conference has to say: Confusion Continues to Reign Regarding California’s FAIR Act .

Secondly, in 2015, the Legislature enacted the California Healthy Youth Act (Assembly Bill 329) that revised and reorganized sexual health education. Since January 1, 2016, this law requires public school districts ensure that all pupils in grades seven to twelve receive comprehensive sexual health education and HIV prevention education. Although the Healthy Youth Act outlines a variety of content requirements for what districts must include in their programs, it is also clear that certain rights of parents are to be respected in the way that the programs are carried out. These parental rights include the right to be notified about the planned instruction and the right to review those materials in advance of the instruction taking place. And most importantly, there is the right to “opt out” and excuse their child from attending in part or all sex and HIV-prevention education programs. This is what the California Catholic Conference has to say: What You Need to Know about the CA Healthy Youth Act .

Use an opt-out letter
As stated above, parents have the right to review sex-education material prior to instruction taking place. Parents should check if their child's school district has a form letter for them to use. If you find that your child's school is using curriculum that you find objectionable, you may have your child opt-out by submitting a written and signed note.  For your convenience, we have for your use letters you may print and sign.

Download OPT-OUT of ALL Material letter 

Download OPT-OUT of SOME Material letter 

Download REQUEST TO REVIEW Material letter 

Voice your concerns on social media
Share this graphic on your Facebook or Instagram account to let other parents know that their families have rights when it comes to sex education in California.

Post this in your church bulletin
Ask your pastor to put this graphic in your parish's Sunday bulletin:
To save this image to send it to your parish's bulletin editor, simply right click (for PC), or press control + click (for Mac) and press "Save Image As".

Do you have any resources to learn more?

Resources to Take Action:
-California Catholic Conference Legislative Network Sign-up
-Find your local California school contact information
-What You Need to Know about the CA Healthy Youth Act
-Confusion Continues to Reign Regarding California’s FAIR Act
-Rights and Responsabilities of Parents 

State Law and Regulations:
-California Healthy Youth Act
-California’s Health Education Initiatives

Attorney General William P. Barr Delivers Remarks to the Law School and the de Nicola Center for Ethics and Culture at the University of Notre Dame. Excerpt:

"The first front relates to the content of public school curriculum. Many states are adopting curriculum that is incompatible with traditional religious principles according to which parents are attempting to raise their children.  They often do so without any opt out for religious families. Thus, for example, New Jersey recently passed a law requiring public schools to adopt an LGBT curriculum that many feel is inconsistent with traditional Christian teaching.  Similar laws have been passed in California and Illinois.  And the Orange County Board of Education in California issued an opinion that “parents who disagree with the instructional materials related to gender, gender identity, gender expression and sexual orientation may not excuse their children from this instruction.”  ......continued here: https://www.justice.gov/opa/speech/attorney-general-william-p-barr-delivers-remarks-law-school-and-de-nicola-center-ethics

Family Education Resources:
-Catholic Answers; The Catholic Answers Back to School Primer pdf 
-Purely You 
-The Truth and Meaning of Human Sexuality (Vatican Document)
-The Family in the Modern World (Papal Encyclical)
-US Bishops on Love and Sexuality
-Male and Female He Created Them: Towards a path of dialogue on the question of gender theory in education
-FAMILIARIS CONSORTIO (paragraphs 36-40 ON THE ROLE OF THE CHRISTIAN FAMILY IN THE MODERN WORLD)

Recordings from First Parent Seminar (June 2019):
-Sr. Maria Concepcion, Missionaries of Charity, catechist San Bruno Catholic Church 
-Ed Hopfner, Director of Marriage and Family Life, Archdiocese of San Francisco 
-Raymond Burnell, Director of Education, California Catholic Conference
-California Catholic Conference Power Point Pesentation Interpreting the Law 

Other Ecumenical Faith Groups: 
-Protect Our Kids Now Website
-Church United Blog  

I want to contact someone to learn more

Feel free to send us an email at lifeanddignity@sfarch.org and/or fill out this form below: