California Healthy Youth Act CHYA

The California Healthy Youth Act is a Dept. of Education mandate, which took effect January 1, 2016. This mandate requires school districts to provide students with integrated, comprehensive, accurate, and inclusive comprehensive sexual health education and HIV prevention education, at least once in high school and once in middle school from trained instructors. 

The law outlines five key objectives:

• Equip students with the knowledge and skills needed to safeguard their sexual and reproductive health, including protection from HIV, other sexually transmitted infections, and unintended pregnancies.

• Support students in developing informed and healthy perspectives about adolescence, including physical development, self-image, gender identity, sexual orientation, relationships, marriage, and family life.

• Encourage an understanding of sexuality as a natural and essential part of human development.

• Ensure students receive comprehensive, accurate, and inclusive instruction on sexual health and HIV prevention, while also offering clear guidance and resources for educators.

• Help students build the tools they need to engage in safe, respectful, and healthy relationships and make positive choices about their behavior.

All California public schools, including those in the Lake Elsinore Unified School District (LEUSD), are legally required to provide instruction that aligns with the California Education Code. According to Education Code Section 51931(b), comprehensive sexual health education is defined as instruction related to human development and sexuality, which includes topics such as pregnancy, contraception, and sexually transmitted infections (STIs). In addition, Education Code Section 51931(d) defines HIV prevention education as instruction that addresses the nature of HIV and AIDS, how the virus is transmitted, strategies for reducing the risk of infection, and the associated social and public health considerations.

Lake Elsinore Unified schools implement short units of instruction as part of the 7th grade science curriculum and the 9th grade health curriculum only. There is no instruction for students younger than 7th grade. 

Yes! In accordance with California law, schools and districts are required to notify parents or guardians at the start of the school year—or at the time of student enrollment—about any planned instruction in comprehensive sexual health education and HIV prevention education, as well as any research related to student health behaviors and associated risks. This notification must be provided at least 14 days in advance of the instruction.
(California Education Code § 51938(b))

The notice must inform families that they may review any written or audiovisual materials that will be used in the course. It must also state whether the instruction will be delivered by district staff, outside consultants, or guest speakers.

If instruction is being provided by an outside consultant or guest speaker, the notice must include the individual’s name, their organizational affiliation, and the date of the planned presentation. All materials and instruction delivered by outside individuals must still meet the full requirements of California law.
(EC § 51938(b)(3))

In addition, parents/guardians must be informed of their right to request copies of the following Education Code sections:

• § 51933 (instructional content requirements),

• § 51934 (HIV prevention instruction), and

• § 51938 (parental notification and opt-out rights).

If any instruction is scheduled after the initial yearly notice, an additional notice must be sent to parents or guardians at least 14 days prior to the instruction via mail or another commonly used method of communication.

The notification must also clearly inform families of their right to excuse their child from all or part of the instruction. To exercise this right, parents/guardians must submit a written request to the school district.
(EC § 51938(b)(4))

No. Under California law—originally established by Assembly Bill 329 (AB 329) and now codified in the California Healthy Youth Act—students in grades 7 through 12 are required to receive comprehensive sexual health education and HIV prevention education at least once during middle school and once during high school.

Each school district is responsible for adopting its own curriculum that aligns with state requirements. These decisions are made under the guidance of locally elected school boards and district superintendents, allowing districts to tailor implementation in ways that meet local community needs while remaining compliant with state law.

Yes. California law clearly affirms the right of parents and guardians to opt their children out of comprehensive sexual health and HIV prevention instruction. To do so, families must provide written notification to the school district.

The California Healthy Youth Act (originally established through AB 329) emphasizes both the importance of comprehensive, medically accurate sex education and the central role of families in guiding their children’s values. As the law states:

“The Legislature recognizes that while parents and guardians overwhelmingly support medically accurate, comprehensive sex education, parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.”
(EC § 51937)

School districts are required to notify families of this instruction either at the beginning of the school year or at least 14 days before the instruction begins. A sample opt-out letter can typically be accessed through your school or district website, or requested from your school office.

LEUSD works collaboratively with teachers to ensure that instruction aligned with the California Healthy Youth Act is delivered in a way that meets the needs of all students. This includes providing age-appropriate, medically accurate, and objective information. The content is designed to be inclusive of students of all races, genders, sexual orientations, and cultural backgrounds, and reflects the diversity of our community. Additionally, instruction encourages students to engage in open conversations with their parents, guardians, or other trusted adults about topics related to human sexuality and the prevention of HIV and other sexually transmitted infections.

Under the California Healthy Youth Act, which was established through AB 329, abstinence cannot be taught as a standalone method for preventing HIV, other sexually transmitted infections (STIs), or unintended pregnancy. Instead, abstinence must be discussed alongside a range of medically accurate prevention strategies.

The law specifically requires that instruction include the message that abstinence is the only method that provides 100% protection against HIV, STIs, and unintended pregnancy. In addition, instruction must also provide balanced, medically accurate information about other methods of prevention. As stated in the law:

"Instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy.”
(Education Code § 51933(a)(8))

As previously mentioned, parents and guardians may excuse their children from instruction related to comprehensive sexual health and HIV prevention education, as well as from participation in surveys or research related to student health behaviors and risks.

However, according to Education Code § 51932(b), the opt-out provision of the California Healthy Youth Act does not apply to lessons or materials delivered outside the scope of comprehensive sexual health education. This includes content that may reference gender, gender identity, sexual orientation, discrimination, bullying, healthy relationships, or family structures when discussed in the context of other subject areas.

For instance, the opt-out option does not apply to a social studies lesson covering the U.S. Supreme Court’s 2015 decision in favor of same-sex marriage. This type of content is protected under the FAIR Education Act of 2011, which ensures that instructional materials reflect the diverse contributions and experiences of people of all backgrounds, including those who identify as LGBTQ+.

The 2019 Health Education Curriculum Framework for California Public Schools, Kindergarten through Grade Twelve (commonly referred to as the Health Education Framework) is a guidance document, not a legal mandate. It is intended to support school districts in developing effective health education programs and offers recommendations for teaching California’s 2008 Health Education Content Standards. While it provides valuable strategies for educators and administrators, it does not carry the force of law.

It’s important to distinguish between the California Healthy Youth Act, which is law, and the 2019 Health Education Framework, which is optional guidance.
You can view a helpful PDF explanation of the differences here.

 California Healthy Youth Act 

Under California state law, the California Healthy Youth Act (AB 329) requires that students receive comprehensive sexual health education and HIV prevention education at least once in middle school and once in high school, beginning in grade 7. In accordance with LEUSD Board Policies 6142.02 and 6142.8, this instruction will be provided to all students in grades 7–12.

Instruction must promote open communication between students and their parents, guardians, or other trusted adults and must meet the following criteria:

• Be medically accurate, age-appropriate, and inclusive of all students

• Cover key topics, including:

  • HIV and STI prevention, transmission, treatment, and FDA-approved protection methods

  • Abstinence as the only guaranteed method to prevent HIV, STIs, and unintended pregnancy, along with information on the value of delaying sexual activity

  • Social perspectives on HIV and AIDS

  • Accessing sexual and reproductive health care resources

  • Pregnancy, including prevention methods, pregnancy outcomes, prenatal care, and the Newborn Safe Surrender Law

  • Sexual orientation and gender, including the harm caused by negative stereotypes

  • Healthy relationships, and strategies for avoiding unhealthy or unsafe behaviors

In the Lake Elsinore Unified School District, trained instructors will deliver this instruction as part of 7th grade science and 9th grade health classes. Parents/guardians will receive advance notification before instruction begins in the classroom.

State law and district policy provide parents the right to opt their child out of this instruction. To do so, families must submit a written request to the student’s teacher.

To review the full board policies, administrative regulations, or to download opt-out forms, please use the links above.