CALIFORNIA HEALTHY YOUTH ACT FOSTER YOUTH Ruth Dawson

CALIFORNIA HEALTHY YOUTH ACT + FOSTER YOUTH Ruth Dawson, Staff Attorney Amy Lemley, Executive Director 1

Learn about what the G O A L S California Healthy Youth Act requires schools teach all students Learn about how foster youth have the right to this crucial education and how advocates are making this a reality Connect with resources 2

A G E N D A Who’s in the room? Why is CHYA important for foster youth? Understanding the law Its purpose Baseline requirements (all grades) Content requirements (grades 7 -12) SB 89 – expanding CHYA to foster youth LA pilot program Resources Q&A 3

WHO’S IN THE ROOM? 3 MINUTES

WHY IS COMPREHENSIVE SEX ED IMPORTANT…? • Young people deserve and benefit from receiving quality sexual health education. § More than half of CA students are sexually active in 12 th grade § Rates of STIs are growing faster in CA than any other state, highest among those 15 -24 § Nearly 12% of CA high school students have experienced sexual dating violence; 10% have experienced physical dating violence § CSE can help prevent sexual harassment/ abuse before it starts § Between 2015 and 2017, the % of sexually active CA students using birth control increased 5

WHY IS COMPREHENSIVE SEX ED IMPORTANT…? • Quality sex ed is especially critical for low-income communities and communities affected by systemic discrimination, poverty, lack of access to health care, and lifelong health disparities. • National research shows that students of color and lowincome students have less access to formal sex education. • 89% of CA parents want students to receive comprehensive sex education. 6

UN DERS TANDI NG THE LAW 7

CHYA: THE LAW • Education Code 51930 -51939 • California’s comprehensive sexual health education law • Effective as of January 1, 2016 8

CHYA: THE LAW • Requires districts to provide sex education to students at least twice—once in middle school and once in high school • Allows sex education to be provided in K-6 in an age appropriate way • Expands and strengthens instruction in healthy relationships and requires that all instruction be affirmatively inclusive of students of all genders and sexual orientations • Applies to continuation schools and independent study programs 9

CHYA: BASELINE REQ’S ALL GRADES K-12 • Age appropriate, medically accurate, and objective • Not promoting of any religious doctrine • Accessible and appropriate for students of all abilities, genders, sexual orientations, and racial, ethnic and cultural backgrounds • Requires that tone and content must be consistent across all instruction and materials—regardless of who provides each component 10

CHYA: BASELINE REQ’S ALL GRADES K-12 • Recognize that people have different sexual orientations and examples of relationships must also include same-sex relationships • Include instruction on: – Gender expression – Gender identity; and – The harms of negative gender stereotypes 11

CHYA: BASELINE REQ’S ALL GRADES K-12 Parental notification and opt-out Training requirements • At the beginning of the school year • All instructors must have knowledge or at least 14 -days before in the most recent medically instruction accurate research on human • Districts must also provide sexuality, healthy relationships, opportunities to view the curriculum pregnancy, and HIV and other instructional materials sexually transmitted infections • Must also allow parents to opt their • Outside consultants and guest student out of instruction using a speakers must also have expertise passive consent (“opt-out”) process in comprehensive sexual health education 12

CHYA: ADD’L CONTENT REQ’S FOR GRADES 7 -12 About HIV and other STIs, including how to prevent and treat them NOTE: ABSTINENCE -ONLY EDUCATION HAS BEEN STRICTLY PROHIBITED UNDER CA LAW SINCE 2004 Effectiveness and safety of all FDA -approved contraceptive methods, including abstinence All legally available pregnancy outcomes, including: Parenting, adoption, and abortion; Information about California law on surrendering custody of an infant; and 13 The importance of prenatal care

CHYA: ADD’L CONTENT REQ’S FOR GRADES 7 -12 • Sexual assault, sexual abuse, adolescent relationship abuse, and intimate partner violence • Sexual harassment • Human trafficking • Local resources and student rights about: – Accessing sexual and reproductive health care; and – Assistance with sexual assault and intimate partner violence 14

CHYA: HUMAN TRAFFICKING AB 1277 (2017) • CHYA already required instruction on healthy relationships, including abuse and sex trafficking, and AB 1277 expands those requirements to explicitly include sexual abuse and human trafficking • Instruction must now specifically include information about: – Sexual abuse; – The prevalence and nature of human trafficking – Strategies to reduce the risk of human trafficking; – Techniques to set healthy boundaries; – How to safely seek assistance; and – The early warning signs of adolescent relationship abuse and intimate partner violence 15

CHYA: CHARTER SCHOOLS AB 2801 (2018) • Effective as of July 1, 2019 • This bill extends CHYA requirements to charter schools across the state 16

QUESTIONS & RESOURCES • CHYA resources – https: //www. aclusoc al. org/en/know-yourrights/sex-education • My School, My Rights • Your Health, Your Rights 17

QUESTIONS & RESOURCES • aclusocal. org/en/lgbtq-know-yourrights 18

CONTACT US! Further questions, concerns, or advocacy needed? • rdawson@aclusocal. org • (213) 977 -5258 • 1313 West 8 th Street, Los Angeles, CA 90017 I can also put you in touch with folks from other ACLU affiliates and projects. 19