FAQs

Yes. The California Healthy Youth Act requires that students in grades 7-12 receive comprehensive sexual health education and HIV prevention education at least once in middle school and once in high school. The Education Code defines comprehensive sexual health education as “education regarding human development and sexuality, including education on pregnancy, contraception, and sexually transmitted infections” (EC § 51931(b)) and HIV prevention education as “instruction on the nature of human immunodeficiency virus (HIV) and AIDS, methods of transmission, strategies to reduce the risk of HIV infection, and social and public health issues related to HIV and AIDS” (EC § 51931(d)).

For more information about the California Healthy Youth Act, please visit the CDE Comprehensive Sexual Health & HIV/AIDS Instruction web page or the California Legislative Information web page.

No, it is not required. However, local school districts may choose to teach knowledge and skills related to comprehensive sexual health and HIV prevention education in grades kindergarten through grade six (K–6), inclusive. All instruction and materials in grades K–6 must meet the Sexual Health Education instructional criteria or baseline requirements in EC Section 51933. Content that is required in grades 7–12 may also be included in an age-appropriate way in earlier grades. (EC sections 51933, 51934[b].) Refer to Grades K-6 California Healthy Youth Act Factsheet (ACLU)

California Healthy Youth Act (CHYA) criteria includes the requirement that the education affirmatively recognize different sexual orientations; as well as teach about gender, gender expression, and gender identity, and explore the harm of negative gender stereotypes. 

To honor the diversity of student identities and ensure inclusion, students should NOT be separated by sex assigned at birth or perceived gender during puberty/ sexual health instruction in grades K-6. 

Additionally, inclusive instruction benefits all students by enhancing their understanding of important concepts across all reproductive systems regardless of gender identity. 

Resources that support inclusive growth, development, and sexual health education: Why we shouldn’t be separating boys and girls for sex ed (Washington Post); Principles for Gender Inclusive Puberty and Health Education (Gender Spectrum); Separation and Stigma (GLISTEN).

The law requires instruction and materials to meet a number of guidelines. Among them, they must be age-appropriate; medically accurate and objective; and appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds. They also must affirmatively recognize different sexual orientations and be inclusive of same-sex relationships in discussions; teach about gender, gender expression, gender identity, and the harm of negative gender stereotypes; and teach the value of committed relationships such as marriage. The full list of guidelines is listed in Education Code 51933. Every school district has the autonomy to choose its own curriculum as long as it meets the state guidelines. If families have questions or concerns about the specific lessons used in their child’s class, they should contact the school or district. 

Although there is no approved list of curricula, the Adolescent Sexual Health Work Group (ASHWG) has compiled a list of reviewed curricula, including educational materials appropriate for students in special education. Districts can also conduct their own review of materials using the Compliance Assessment Tool. 

Please visit the CDE website for more information about the California Healthy Youth Act.

Yes, the California Health Youth Act makes it clear that parents can opt their children out of comprehensive sex education. According to the law, “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.” School districts are required to notify parents/guardians a minimum of 14 days prior to the first day of comprehensive sexual health instruction. To opt-out of this instruction, parents/guardians must request in writing that their child not participate in the instruction. If the parent/guardian does not request in writing that the child be withheld, the child will attend the instruction (EC § 51938[a]).

As stated in Education Code 51932(b), the opt-out provision of the California Healthy Youth Act does not apply to instruction or materials outside the context of comprehensive sexual health education, including those that may reference gender, gender identity, sexual orientation, discrimination, bullying, relationships, or family. For example, the opt-out rule associated with comprehensive sexual health education would not apply to a social studies lesson on the U.S. Supreme Court’s 2015 ruling in favor of same-sex marriage. Read more about the FAIR Education Act of 2011. 

No, under the California Healthy Youth Act, all comprehensive sexual health and HIV prevention instruction and materials in grades K-12 must be inclusive of lesbian, gay, bisexual, transgender, and/or queer (LGBTQ) students. Instruction must affirmatively recognize that people have different sexual orientations and, when discussing or providing examples of relationships and couples, must be inclusive of same-sex relationships. It must also teach students about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes.This means that schools are required to teach about sexual orientation and transgender, cisgender, and non-binary gender identities. Learn about the requirements here.

A simple way to think about these questions is: Parents have the right to passive consent, in all grades. When discussing opt-out, parents can opt out of content, but NOT people: 

• Yes, (EC 51934) parents can opt-out of content related to contraception, sexually transmitted infections, or adoption. 
• No, (EC 51933) parents cannot opt-out of information related to people in relation to gender, gender identity, gender expression, sexual orientation, etc.
• Reminder: LGBTQ+ individuals are one of the protected classes under EC 220.

No. The Health Education Framework is a guidance document for teachers and administrators in implementing California’s Health Education Content Standards. There are no mandates that require schools to use the Health Education Framework. Source.

No, local school districts are encouraged, but not required, to adopt or use CA Health Education Content Standards. Local school districts are also encouraged, but not required, to follow the Health Education Framework for guidance in planning, instruction and assessment. It should be noted that the CA Health Education Standards represent minimum requirements for comprehensive health education. 

The Health Education Content Standards for California Public Schools, Kindergarten Through Grade Twelve were adopted on March 12, 2008. The Standards represent minimum requirements for comprehensive health education. They provide guidance on the essential skills and knowledge that students should have at each grade level to become health literate.

​Health Education Standards provide guidance for developing health education curricula; they identify what each student in California should know and be able to do at each grade level. The CA Health Education Standards Grade-Level Assignment for Content Areas Chart (page ix) can be found below.

The Health Education Framework provides guidance for teachers and administrators in planning for and providing quality, skills-based, comprehensive Health Education instruction. It is aligned to the 2008 California Health Education Content Standards, which support the development of knowledge, skills, and attitudes in eight overarchingstandards: (1) essential health concepts; (2) analyzing health influences; (3) accessing valid health information; (4) interpersonal communication; (5) decision making; (6) goal setting; (7) practicing health-enhancing behaviors; and (8) health promotion in six content areas of health education: nutrition and physical activity; growth, development, and sexual health; injury prevention and safety; alcohol, tobacco, and other drugs; mental, emotional, and social health; and personal and community health. 2008 Health Education Content Standards, which can be downloaded from the Curriculum Frameworks and Instructional Resources Division Content Standards web page.

Elementary School (Grades K-6): Health Education is required in Grades 1-6. California Education Code [EC] 51210. states: The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study: English; Mathematics; Social sciences; Science; Visual and performing arts; Physical education; and Health, including instruction in the principles and practices of individual, family, and community health. 

Required Content in Health Education [EC] 51202. Effective 1993. The adopted course of study shall provide instruction at the appropriate elementary and secondary grade levels and subject areas in: Personal and public safety and accident prevention, including emergency first aid instruction, instruction in hemorrhage control, treatment for poisoning, resuscitation techniques, and CPR; Fire prevention; Protection and conservation of resources, including the necessity for the protection of our environment; Health, including venereal disease; Effects of alcohol, narcotics, drugs, and tobacco upon the human body. The health instruction may include prenatal care for pregnant women and violence as a public health issue. 

Secondary School (Grades 7-12): The adoption of the California Healthy Youth Act 2016 (California Education Code [EC] sections 51930–51939) requires school districts to ensure that all students in grades seven through twelve, inclusive, receive comprehensive sexual health education and HIV prevention education. 

Health education content is required for students in grades 7-12; however, HOW the content is delivered is the decision of local school districts. Districts decide whether or not to include a Health Education Course, the length of that course, and whether or not it is a graduation requirement.

For more information on instruction requirements, refer to:

Health Education in Elementary

Health Education in Middle School

Health Education in High School

Visit the CA Health Education website Professional Learning Opportunities page for online courses, webinars, and trainings. Information and resources for administrators and leadership can be found on the Administrator and Leadership Professional Learning page.

​​​​The CDE Health Education Instructional Materials Adoption publication and schedule can be found here.​​

A toolkit has been created to help local districts in their evaluation and adoption of new instructional materials that align with the 2008 Health Education Standards, the 2019 Health Education Curriculum Framework, and current CA Education Code and State Statutes. Local educational agencies (LEAs) – school districts, charter schools, and county offices of education – have the authority and the responsibility to conduct their own evaluation of instructional materials and to adopt the materials that best meet the needs of their students. The toolkit will help guide that process and can be found HERE.