CUSDWatch: This Agreement perpetrated a Fraud Upon Tax Payers and the San Diego Water Board

The work is being done in pieces to avoid CEQA.

The Right Of Way is flawed- it contains parcels that are owned by the Capistrano Unified School District in error. Capistrano Unified owns Parcels 59, 60, 69, 82 and maybe a part of Parcel 79. Capistrano Unified's ownership of Parcel 125-096-82 was just acknowledged by the Ranch and the District at the January 24, 2018 CUSD BOT Meeting. Unfortunately these four parcels are in the Right of Way and the water from the Right Of Way is all being drained onto Tesoro High Schools Property. The Water is Trespassing on school district land.

The County has encumbered School District property.

When you blow up the pictures on Google Maps- Zillow and Bing it is obvious that a lot of work has been done inside Tesoro High School Property boundaries.

If you zoom in close, you can see all the drainage culverts that have been created. The concrete culvert below was done by the Army Corp of Engineers- the rocks draining water from the graded area are new. So is the concrete culvert to the right that heads south.

The water then runs underground

Farther South along Tesoro Creek Road, two new culverts drain water from the Toll Road west to Tesoro

The first one is below

The second one is below

The culvert continues and actually passes under Tesoro Creek Road in two places.

First one shown below

Second one shown below

And new gravel is draining water from Tesoro Creek Road West to the Tennis Courts

There are four more culverts that run between the California Native Plant Garden and Tesoro High School Track - New Construction?

And next to Tesoro High Schools Base Ball Diamond

This grading and drainage work is being done inside Tesoro High School property boundaries on Parcels 60, 69 and 82 without the Capsitrano Unified School Districts knowledge or permission? How did this happen?

The Right of Way is flawed. Caltrans/TCA/The County of Orange and the Ranch had no right to encumber the Capistrano Unified School Districts property.

As a result of the work that has been done the end product is the Tesoro Extension of the 241 Toll Road built on District property without any protective barrier.

The California Regional Water Quality Control Board - San Diego Region 401 Water Quality Certification Number R9-2014-0144 "F" Street from "A" street to Oso Parkway Project specifically states at page 1 and 2

"The Applicant proposes to construct a new County of Orange arterial road called "F" Street that will extend approximately 5.5 miles from Cow Camp Road north to Oso Parkway, at the current terminus of State Route-241 (SR-241 ). In the future, "F" Street will be renamed to Los Patrones Parkway. "F" Street is not the Tesoro Extension of SR-241 that was denied waste discharge requirements by the San Diego Water Board in 2013 (in the proceedings on Tentative Order No. R9-2013-0007) or a facility related to the SR-241 and the Tesoro Extension is not covered by this Certification. "F" Street will be operated by the County of Orange as a free road."

It appears that on March 5, 2015, Robyn Uptegraff, Assistant Director of Orange County Public works filed a Notice of Determination indicating that the required analysis under the California Environmental Quality Act ("CEQA") had been completed.

The document filed with the San Diego Water Board to obtain a 401 Waste Water Discharge Permit contained material mis-statements of fact as high lighted below.

Tesoro High School Facilities Report November 2017

Could the cracking be the result of the construction of the road so close to a school?

The noise studies that were done in the original EIR were done on a different alignment:

The Tesoro Extension of the 241 Toll Road was a separate road much farther to the east of Tesoro High School. Los Patrones aka "F Street" was a separate road that was designed as a "Free Arterial Road". Because an arterial road is not as wide as a "Toll Road", Los Patrones aka F Street would have been at least 500 feet from Tesoro High School property line.

IMPORTANT PLEASE READ

At its January 24, 2018 Board Meeting CUSD acknowledged that it owned parcel 125-096-82 which placed the Tesoro Extension of the 241 Toll Road on Tesoro High School's property line with NO SETBACK.

There has been some question as to who owns the land that is currently being graded illegally (the area in red). Ownership of Parcel 82 was settled by CUSD on January 24, 2018. However this Agenda Item did not settle the encumbrances that have been placed on Parcel 82 by TCA/CalTrans/The Ranch and the County of Orange in the Right-of-Way for the Tesoro Extension of the 241 Toll Road. See: CUSDWatch: January 29, 2018 Letter to Bea Bea Jimenez re: Reasons for Cease and Desist on Oso Bridge Gap Closure Project.

http://tca.civicclerk.com/Web/Player.aspx?id=118&key=-1&mod=-1&mk=-1&nov=0

Agenda Item #14 Oso Bridge Project Corporative Agreement

The County admits this is a TCA Project

Select an Image To View

*Type*	*Document Description*	*Image Description*	*No Of Pages*
HTM		Agenda Staff Report	1
PDF	Attachment A - Agreement for Grant of Fee Credits	Attachments	1
PDF	Exhibit A - Grant Deed to County of Orange	Exhibits	1
PDF	Exhibit B - Irrevocable Offer to Convey	Exhibits	1

San Juan City Council Meeting February 6, 2018 - Land Sale Negotiations

Are Developers Profiting Off of Bankrupt School Districts? Is the Toll Road Marching South of Ortega?

CLOSED SESSION ITEMS - No Reportable Action

Law Suit: http://www.coastkeeper.org/wp-content/uploads/2017/08/2017.06.02SanJuanComplaint_Exb_B_E.pdf

Orange County Coast Keeper: https://www.coastkeeper.org/advocacy/octa-measure-m/

This group may be able to sue on behalf of Tesoro High School because the TCA- The County- CalTrans and The Ranch have graded drainage from the Oso Bridge Gap Closure Project/"F"Street onto Tesoro High School Property. The 401 Certification for Los Patrones aka "F" Street does not permit water to trespass onto Tesoro High School Property.

List of People to contact re: 401 Certification Violations at Tesoro High School

See: CUSDWatch: San Diego Water Board Permit allowed the Ranch to grade and build drainage on CUSD Property without notifying CUSD and the PUBLIC. All water is being funneled onto Tesoro High School Property.

See: CUSDWatch: Members of the PUBLIC unite to file 4th Law Suit to Stop the Toll Road

F. ADMINISTRATIVE ITEM

1. DEVELOPMENT SERVICES

(a) Consideration of Initiation of an Amendment to the Forster Canyon Planned Community Comprehensive Development Plan 81-01, Adding an Overlay of "SFR" (Single-Family Residential) to Allow a 7.29-Acre Potential School Site to be Developed with Up to 47 Single-Family Units (CA 17-008) (Applicant: Capistrano Unified School District. Property Owner: Pacific Point Development Partners, LLC) (420.40)

Many Letters of Support for this zoning change came from parents who have children attending Palisades Elementary School - Palisades Elementary School needs $3.5 million in EMERGENCY REPAIRS- CUSD is stating that it needs to change the zoning on this property in order to pay for repairs and maintenance for Palisades. CUSD has given $150 million in 5 consecutive years of across the Board Compensation increases for employees (a choice NOT TO fix and maintain facilities- but to increases compensation instead).

Note: CUSD spent $133,100 in Pacifica San Juan Mello Roos Fees attempting to change this zoning the first time See: CUSDWatch:Brown Act Violation Government Financial Strategies

Asset Management Planning - Pacifica San Juan expenditures to Government Financial Strategies as of October 11, 2017 - This is a mis-use of Pacifica San Juan Mello Roos fees.

$25,000 total, based on hourly rate, invoiced monthly.

[Funding Source: Pacifica San Juan Mello Roos]

CFO 98-1A bonds

$54,050 for professional fees plus $1,000 for expenses, payable at completion

[Funding Source Pacifica San Juan Mello Roos]

CFO 98-1 B bonds

$54,050 for professional fees plus $1,000 for expenses, payable at completion

[Funding Source Pacifica San Juan Mello Roos]

CUSDWatch: January 18, 2016 Asset Management Plan Pacifica San Juan

CUSDWatch: San Diego Water Board Permit allowed the Ranch to grade and build drainage on CUSD property without notifying CUSD and the Public. All the water is being funneled onto Tesoro High School Property.

When you blow up the pictures on Google Maps- Zillow and Bing it is obvious that a lot of work has been done inside Tesoro High School Property boundaries.

The water then runs underground

Farther South along Tesoro Creek Road, two new culverts drain water from the Toll Road west to Tesoro

The first one is below

The second one is below

The culvert continues and actually passes under Tesoro Creek Road in two places.

First one shown below

Second one shown below

And new gravel is draining water from Tesoro Creek Road West to the Tennis Courts

There are four more culverts that run between the California Native Plant Garden and Tesoro High School Track - New Construction?

And next to Tesoro High Schools Base Ball Diamond

I think it is time for the Capistrano Unified School District to expand its law suit to include the Ranch and the San Diego Water Board.

San Diego Water Board 401 Water Quality Certification

Open Letter to CUSD Trustees re: Sex Education In Public School

Date: Wednesday February 7, 2018

To: CUSD Board of Trustees

Re: PUBLIC Concerns Over the New Sex Education Curriculum in Public Schools

Dear Trustees:

You were elected by the PEOPLE to represent the interest of Students and Taxpayers in all matters before the Board.

At the next Board meeting you will be asked to approve a new health curriculum that is not age appropriate and contains content that can expose students to social, emotional and physical harm.

Teen Talk assumes that all middle school students are sexually active.

Teen Talk is seductive, not educational.

Teen Talk is to graphic and not "age appropriate".

Parents or guardians, should be notified when their student will receive controversial sexual health education at their school and be allowed to view the curriculum and other instructional materials prior to instruction. CUSD is making it impossible for working parents to view the curriculum by requiring that a parent come to the District office to view the curriculum. The curriculum should be made available on line for Public viewing.

When the District makes Health a requirement to graduate and has Teen Talk as the required curriculum how can a student "OPT OUT" and still complete the Health requirement so that they are eligible to graduate?

Documents released by Trustee Reardon show that it is Staff's recommendation that Health remain a required class for graduation and that this curriculum be taught in ALL GRADES not just 7th and 8th.

I would urge Trustees to eliminate Health as a stand alone class required for graduation. Embed the minimum required Health curriculum in another class such as PE or Tutorial to avoid the more controversial aspects of Teen Talk upon which this curriculum is based.

"Local Control" allows individual school districts to determine if Health should be a graduation requirement. The State of California does not make Health a graduation requirement. See: California Department of Education Minimum Course Requirements

CUSD currently requires all students to take CCP and Health as stand alone class required for graduation. Together CCP/Health waste an entire block of study which places a substantial burden on CUSD's highest achieving students, by impacting their schedules with a meaningless year long class. This curriculum choice; which is unique to CUSD, has forced every student who plans to attend a 4-year college or University to take two years of summer school in order to complete their A-G course requirements.

CUSDs A-G completion rates are substantially lower then they should be. Only 54.4% of students graduating from CUSD will have completed the courses they need to be accepted into a 4- year college or university. 45.6% of students graduating from CUSD will have no choice but to get a job or attend community college.

CUSD approved this Pilot Program December 6, 2017? Did Parents get proper notice that their child was being used to Pilot this program? Were Parents provided with an opportunity to OPT OUT of the Pilot?

December 14, 2016 CUSD BOT Meeting Agenda Item #33 INSTRUCTIONAL MATERIALS RECOMMENDED FOR PILOT" SECONDARY SEXUAL AND HEALTH EDUCATION, GRADE 7-8

The Board Agenda is posted: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/1373709562469729052.pdf no page listed - no supporting documentation

The Board Meeting Audio is posted: http://cusd.capousd.org/cusdweb/audio2016-17/CUSDBoardMeeting.Dec.14.2016.mp3 at 148:21

TRUSTEE COMMENTS

at 1:53:00 Trustee Reardon: Has this material actually been reviewed by the IMRC Instructional Materials Review Committee?

at 153:09 Trustee McNicholas: I am on that Committee and I have not seen it.

at 1:53:14 Trustee Reardon: Was it presented to the Committee?

at at 1:53:16 Trustee McNicholas: I believe so, but I have been derelict in my duties.

* The Board Agenda states that it was submitted to the IMRC but Staff would not confirm that.

at 1:53:27 Trustee Reardon: There are two Board Delegates (Trustee Hatton-Hodson is absent)

at 153:27 Trustee Reardon- 2nd question. Can you provide clarification on the part of the act that requires parent notification and give us some assurance that Parents will have the option to Opt Out of the Pilot.

at 153:56 Dr Holiday assures Trustees that parents will be given notice and have the ability to Opt Out.

at 154:08 Trustee Hanacek: I hope parents don't Opt Out and allow their children to be informed and educated. We have bullying everyday.

at 154:53 Trustee Reardon: The Bargain that the Legislature struck to get these materials into the classroom was that parents would have the ability to Opt Out. We must honor that commitment to parents.

VOTE

at 155:16 Motion by Trustee Reardon to adopt the Pilot with assurances that Parents would be given notice and the ability to Opt Out. Second by Trustee Hanacek.

Motion Passed 6-0-1

Look at this timeline - why is CUSD implementing this curriculum before the First 60-day public review which is scheduled to be April - June 2018?

2019 Health Education Framework Revision Timeline

Schedule of Significant Events for the 2019 Revision of the Health Education Framework for California Public Schools, Kindergarten Through Grade Twelve. Approved by the State Board of Education on September 9, 2016.

Event	Schedule
Instructional Quality Commission (IQC) approves Schedule of Significant Events and Curriculum Framework and Evaluation Criteria Committee (CFCC) Application	June 20, 2016
Focus Group recruitment letter and application distributed to districts, health education and stakeholder organizations, and institutes of higher education	July 2016
State Board of Education (SBE) approves Schedule of Significant Events and CFCC Application (pursuant to 5 CCR, §9513)	September 9, 2016
Recruitment of CFCC (at least 90 days pursuant to 5 CCR, §9513)	September/October–December 2016
Superintendent appoints Focus Group members	October 2016
Four Focus Group meetings (pursuant to 5 CCR §9511[c]) November 1, 2016: Tulare County Office of Education, Visalia November 7, Sacramento County Office of Education, Sacramento, and via videoconference at Siskiyou and Butte County Offices of Education November 15, Alameda County Office of Education, Hayward November 29, Long Beach Unified School District, Long Beach	November 2016
IQC reviews Focus Group Report and recommends CFCC members and guidelines for the revision of the framework to the SBE	January 2017
SBE appoints CFCC, receives Focus Group Report, and approves guidelines for the revision of the framework	March 2017
CFCC Meetings The following meeting dates are scheduled to be held in Sacramento: May 4–5, 2017 June 19–20, 2017 August 10–11, 2017 September 18–19, 2017 November 29–30, 2017 January 25–26, 2018	May 2017–January 2018
IQC approves draft Health Education Framework for initial 60-day public review period	March 2018
First 60-day public review of the Health Education Framework(pursuant to §9515[a][3])	April–June 2018
Health Subject Matter Committee (SMC) analyzes field review results and edits draft framework	August 2018
IQC approves draft Health Education Framework for second 60-day public review period and recommends draft Health Education Framework to SBE	September 2018
Second 60-day public review of the Health Education Framework(pursuant to §9515[c])	November 2018–January 2019
Health SMC/IQC review comments from the second 60-day public review period and recommends final edits to the Health Education Framework for SBE adoption in May	March 2019
SBE action to adopt the Health Education Framework	May 2019

January 24, 2018 CUSD BOT Meeting Agenda Item #35 FIRST READING BOARD POLICY 6146.1 HIGH SCHOOL GRADUATION REQUIREMENTS- CA Healthy Youth Act

Board Meeting Agenda at page 736

Board Audio at

WARNING TO PARENTS:

This Curriculum has content that is not age appropriate and may actually put students at risk socially, emotionally and physically. Parents should review the curriculum and decided where or not to opt your child out if the content is not appropriate for your child.

I would urge Trustees to eliminate Health as a stand alone class that is required to graduate. Embed the minimum required Health curriculum in another class such as PE to avoid the more controversial aspects of Teen Talk upon which this curriculum is based.

The elimination of Health together with the elimination of CCP, will enable students to have a full year of an additional block which would able more students to complete A-G course work and help improve college acceptances.

Trustee Jim Reardon released his files on the proposed Health class which is provided below.

Parents and Teachers across California are expressing concern over a controversial State Law: "The California Healthy Youth Act" a mandatory sex education curriculum that many feel is vulgar, and presents sexual content that is not age appropriate.

Parents are not being given to the opportunity to review the curriculum. To review the curriculum a parent must drive to the District Office and make a request to view the content at the District Office. That is almost impossible working families.

Under "Local Control” individual teachers control classroom instruction and curriculum content. As such, instruction can vary from class to class and instructor to instructor.

CUSD presented this as a 7th and 8th grade Pilot however, materials released to the Public by Trustee Jim Reardon show an intent on CUSD's part to teach this curriculum in every grade. This curriculum is not age appropriate for every grade.

Who determines what is "age appropriate"? An individual teacher- a paid consultant with a Political Agenda?

Is this a sex education curriculum, or is it a curriculum that seeks to promote the political agenda PFLAG formerly known as Parents,, Families and Friends of Lesbians and Gays- a large United States Organization for parents, families, friends, and allies united with people who are lesbian, gay, bisexual, transgender, or queer.

Why are parents being forced to "OPT OUT" of this controversial curriculum? Usually Parents are asked to "OPT IN" when content may be controversial. This is a shift in State policy regarding parental notification and choice. Why is the State mandating a curriculum that many feel undermines parental choice and family values?

School Districts that choose NOT to make this curriculum a “Graduation Requirement” can avoid most of the controversial aspects.

Trustees can say no to making Health a stand alone class, required for graduation.

Trustees can elect to embed the minimum Health Education curriculum in PE, or another class and avoid most controversial aspects of this curriculum.

This topic will be discussed at CUSD's next Board meeting.

Below is the documents released to the Public by Trustee Reardon.

California Healthy Youth Act Curriculum and Instruction Capistrano Unified School District

The following documentation was provided by Capistrano Unified School District Trustee Reardon. This documentation was provided to Trustees as information on the Districts pilot program for the implementation of California's new Healthy Youth Act Curriculum and Instruction. The highlighted areas and red comments were provided by me as taxpayer and student advocate.

This is being published so that parents and the District can have open and meaningful discussion about what sex education is taught in our "local" public schools. Under California's "Local Control" it is the parents and the public that make the decision as to what should be taught. Alignment of California State Content Standards and Curriculum frameworks are simply a "recommendation", under "Local Control" they are no longer a "requirement".

Source:

In U.S., More Adults Identifying as LGBT

We should teach tolerance - but we do not mandate "Opt Out" classes to cater to a group that makes up less than 7% of the population. Under "Local Control" California no longer mandates math that aligns with minimum content standards and curriculum frameworks". But we are going to mandate that every student comply with this and parents are forced to "OPT OUT" not "OPT IN"?

I attended the December 14, 2016 CUSD Board Meeting - The documentation for the December meeting is at the end of these materials.

December 6, 2016 CUSD BOT Meeting Agenda Item #33 INSTRUCTIONAL MATERIALS RECOMMENDED FOR PILOT" SECONDARY SEXUAL AND HEALTH EDUCATION, GRADE 7-8

The Board Agenda is posted: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/1373709562469729052.pdf no page listed - no supporting documentation

The Board Meeting Audio is posted: http://cusd.capousd.org/cusdweb/audio2016-17/CUSDBoardMeeting.Dec.14.2016.mp3 at 148:21

VOTE

Motion to adopt the Pilot: Secondary Sexual and Health Education, Grade 7-8 with assurances that Parents would be given notice and the ability to Opt Out. Second by Trustee Hanacek.

Motion Passed 6-0-1 (Trustee Hatton-Hodson absent)

BLUE CARDS

at 148:09 Kristi Draper

Three sons educated in CUSD. The Board is voting on Sex Ed Curriculum that meets California Standards and is compliant with California Law. A few years ago she spoke regarding SB 48 Fair Education Act which was signed into law January 1, 2012. Historically we have omitted facts and people from history because of their sexuality. Since SB 48 has passed nothing has been done to change curriculum to include new content required by the law. When she spoke in the past, she was told textbooks were not up for adoption for three years. She hopes to see more inclusivity in curriculum.

at 151:34 Dr Susan Holiday Presents the Item

CA Assembly Bill 329 California Healthy Youth Act took effect January 1, 2016

Professional Development will take place this Spring

TRUSTEE COMMENTS

at 1:53:00 Trustee Reardon: Has this material actually been reviewed by the IMRC Instructional Materials Review Committee?

at 153:09 Trustee McNicholas: I am on that Committee and I have not seen it.

at 1:53:14 Trustee Reardon: Was it presented to the Committee?

at at 1:53:16 Trustee McNicholas: I believe so, but I have been derelict in my duties.

* The Board Agenda states that it was submitted to the IMRC but Staff would not confirm that.

at 1:53:27 Trustee Reardon: There are two Board Delegates (Trustee Hatton-Hodson is absent)

at 153:56 Dr Holiday assures Trustees that parents will be given notice and have the ability to Opt Out.

at 154:08 Trustee Hanacek: I hope parents don't Opt Out and allow their children to be informed and educated. We have bullying everyday.

VOTE

at 155:16 Motion by Trustee Reardon to adopt the Pilot with assurances that Parents would be given notice and the ability to Opt Out. Second by Trustee Hanacek.

Motion Passed 6-0-1

THE LAW - Parental Notice

Source: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB329

AB 329, Weber. Pupil instruction: sexual health education.

(1) Existing law, the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act, authorizes school districts to provide comprehensive sexual health education, consisting of age-appropriate instruction, in any of kindergarten and grades 1 to 12, inclusive, and requires school districts to ensure that all pupils in grades 7 to 12, inclusive, receive HIV/AIDS prevention education, as specified.

This bill would revise and recast these provisions to, among other things, integrate the instruction of comprehensive sexual health education and HIV prevention education. The bill would rename the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act the California Healthy Youth Act. The bill would specify additional purposes of the act. The bill would instead require school districts to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified. By imposing additional requirements on school districts, this bill would impose a state-mandated local program.

(2) Existing law provides that these provisions do not apply to description or illustration of human reproductive organs in certain textbooks, or to instruction or materials that discuss gender, sexual orientation, or family life and do not discuss human reproductive organs and their functions.

This bill would revise the types of textbooks, instructions, and materials for which those provisions are inapplicable.

(3) This bill would also make conforming changes.

(4) This bill would incorporate additional changes to Section 51938 of the Education Code proposed by AB 517 that would become operative if this bill and AB 517 are both enacted and this bill is enacted last.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

DIGEST KEY

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

The heading of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code is amended to read:

CHAPTER 5.6. California Healthy Youth Act

SEC. 2.

Section 51930 of the Education Code is amended to read:

51930.

(a) This chapter shall be known, and may be cited, as the California Healthy Youth Act.

(b) The purposes of this chapter are as follows:

(1) To provide pupils with the knowledge and skills necessary to protect their sexual and reproductive health from HIV and other sexually transmitted infections and from unintended pregnancy.

(2) To provide pupils with the knowledge and skills they need to develop healthy attitudes concerning adolescent growth and development, body image, gender, sexual orientation, relationships, marriage, and family.

(3) To promote understanding of sexuality as a normal part of human development.

(4) To ensure pupils receive integrated, comprehensive, accurate, and unbiased sexual health and HIV prevention instruction and provide educators with clear tools and guidance to accomplish that end.

(5) To provide pupils with the knowledge and skills necessary to have healthy, positive, and safe relationships and behaviors.

SEC. 3.

Section 51931 of the Education Code is amended to read:

51931.

For the purposes of this chapter, the following definitions apply:

(a) “Age appropriate” refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.

(b) “Comprehensive sexual health education” means education regarding human development and sexuality, including education on pregnancy, contraception, and sexually transmitted infections.

(d) “HIV prevention education” means 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.

(e) “Instructors trained in the appropriate courses” means instructors with knowledge of the most recent medically accurate research on human sexuality, healthy relationships, pregnancy, and HIV and other sexually transmitted infections.

(f) “Medically accurate” means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists.

(g) “School district” includes county boards of education, county superintendents of schools, the California School for the Deaf, and the California School for the Blind.

SEC. 4.

Section 51932 of the Education Code is amended to read:

51932.

(a) This chapter does not apply to description or illustration of human reproductive organs that may appear in a textbook, adopted pursuant to law, if the textbook does not include other elements of comprehensive sexual health education or HIV prevention education as defined in Section 51931.

(b) This chapter does not apply to instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, discrimination, harassment, bullying, intimidation, relationships, or family and do not discuss human reproductive organs and their functions.

SEC. 5.

The heading of Article 2 (commencing with Section 51933) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code is amended to read:

Article 2. Required Comprehensive Sexual Health Education and HIV Prevention Education

SEC. 6.

Section 51933 of the Education Code is amended to read:

51933.

All comprehensive sexual health education and HIV prevention education pursuant to Section 51934, whether taught or supplemented by school district personnel or by outside consultants or guest speakers pursuant to Section 51936, shall satisfy all of the following criteria:

(a) Instruction and materials shall be age appropriate.

(b) All factual information presented shall be medically accurate and objective.

(c) All instruction and materials shall align with and support the purposes of this chapter as set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 51930 and may not be in conflict with them.

(d) (1) Instruction and materials shall be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.

(2) Instruction and materials shall be made available on an equal basis to a pupil who is an English learner, consistent with the existing curriculum and alternative options for an English learner pupil as otherwise provided in this code.

(3) Instruction and materials shall be accessible to pupils with disabilities, including, but not limited to, the provision of a modified curriculum, materials and instruction in alternative formats, and auxiliary aids.

(4) Instruction and materials shall not reflect or promote bias against any person on the basis of any category protected by Section 220.

(5) Instruction and materials shall affirmatively recognize that people have different sexual orientations and, when discussing or providing examples of relationships and couples, shall be inclusive of same-sex relationships.

(6) Instruction and materials shall teach pupils about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes.

(e) Instruction and materials shall encourage a pupil to communicate with his or her parents, guardians, and other trusted adults about human sexuality and provide the knowledge and skills necessary to do so.

(f) Instruction and materials shall teach the value of and prepare pupils to have and maintain committed relationships such as marriage.

(g) Instruction and materials shall provide pupils with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation.

(h) Instruction and materials shall provide pupils with knowledge and skills for making and implementing healthy decisions about sexuality, including negotiation and refusal skills to assist pupils in overcoming peer pressure and using effective decisio nmaking skills to avoid high-risk activities.

(i) Instruction and materials may not teach or promote religious doctrine.

SEC. 7.

The heading of Article 3 (commencing with Section 51934) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code is repealed.

SEC. 8.

Section 51934 of the Education Code is amended to read:

51934.

(a) Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following:

(1) Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body.

(2) Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use.

(3) Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. 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.

(4) Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention.

(5) Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing.

(6) Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others.

(7) Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested.

(8) Information about local resources, how to access local resources, and pupils’ legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence.

(9) Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following:

(A) Parenting, adoption, and abortion.

(B) Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code.

(10) Information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking.

(b) A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (10), inclusive, of subdivision (a).

SEC. 9.

The heading of Article 4 (commencing with Section 51935) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code is amended and renumbered to read:

Article 3. In-Service Training

SEC. 10.

Section 51935 of the Education Code is amended to read:

51935.

(a) A school district shall cooperatively plan and conduct in-service training for all school district personnel that provide HIV prevention education, through regional planning, joint powers agreements, or contract services.

(b) In developing and providing in-service training, a school district shall cooperate and collaborate with the teachers of the district who provide HIV prevention education and with the department.

(c) In-service training shall be conducted periodically to enable school district personnel to learn new developments in the scientific understanding of HIV. In-service training shall be voluntary for school district personnel who have demonstrated expertise or received in-service training from the department or federal Centers for Disease Control and Prevention.

(d) A school district may expand HIV in-service training to cover the topic of comprehensive sexual health education in order for school district personnel who provide comprehensive sexual health education to learn new developments in the scientific understanding of sexual health.

SEC. 11.

Section 51936 of the Education Code is amended to read:

51936.

School districts may contract with outside consultants or guest speakers, including those who have developed multilingual curricula or curricula accessible to persons with disabilities, to deliver comprehensive sexual health education and HIV prevention education or to provide training for school district personnel. All outside consultants and guest speakers shall have expertise in comprehensive sexual health education and HIV prevention education and have knowledge of the most recent medically accurate research on the relevant topic or topics covered in their instruction.

SEC. 12.

The heading of Article 5 (commencing with Section 51937) of Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code is amended and renumbered to read:

Article 4. Notice and Parental Excuse

SEC. 13.

Section 51937 of the Education Code is amended to read:

51937.

It is the intent of the Legislature to encourage pupils to communicate with their parents or guardians about human sexuality and HIV and to respect the rights of parents or guardians to supervise their children’s education on these subjects. The Legislature intends to create a streamlined process to make it easier for parents and guardians to review materials and evaluation tools related to comprehensive sexual health education and HIV prevention education, and, if they wish, to excuse their children from participation in all or part of that instruction or evaluation. 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.

SEC. 14.

Section 51938 of the Education Code is amended to read:

51938.

(a) A parent or guardian of a pupil has the right to excuse their child from all or part of comprehensive sexual health education, HIV prevention education, and assessments related to that education through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for comprehensive sexual health education and HIV prevention education.

(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 district shall notify the parent or guardian of each pupil about instruction in comprehensive sexual health education and HIV prevention education and research on pupil health behaviors and risks 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 and HIV prevention education are available for inspection.

(2) Advise the parent or guardian whether the comprehensive sexual health education or HIV prevention education will be taught by school district personnel or by outside consultants. A school district may provide comprehensive sexual health education or HIV prevention education, to be taught by outside consultants, and may hold an assembly to deliver comprehensive sexual health education or HIV prevention education by guest speakers, but if it elects to provide comprehensive sexual health education or HIV prevention 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 this section, 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 chapter.

(4) Advise the parent or guardian that the parent or guardian has the right to excuse their child from comprehensive sexual health education and HIV prevention education and that in order to excuse their child they must state their request in writing to the school district.

(c) Notwithstanding Section 51513, anonymous, voluntary, and confidential research and evaluation tools to measure pupils’ health behaviors and risks, including tests, questionnaires, and surveys containing age-appropriate questions about the pupil’s attitudes concerning or practices relating to sex, may be administered to any pupil in grades 7 to 12, inclusive. A parent or guardian has the right to excuse their child from the test, questionnaire, or survey through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for these tests, questionnaires, or surveys in grades 7 to 12, inclusive. Parents or guardians shall be notified in writing that this test, questionnaire, or survey is to be administered, given the opportunity to review the test, questionnaire, or survey if they wish, notified of their right to excuse their child from the test, questionnaire, or survey, and informed that in order to excuse their child they must state their request in writing to the school district.

(d) The use of outside consultants or guest speakers as described in paragraph (2) of subdivision (b) is within the discretion of the school district.

SEC. 14.5.

Section 51938 of the Education Code is amended to read:

51938.

(a) A parent or guardian of a pupil has the right to excuse his or her child from all or part of comprehensive sexual health education, HIV prevention education, and assessments related to that education through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for comprehensive sexual health education and HIV prevention education.

(1) Advise the parent or guardian that written and audiovisual educational materials used in comprehensive sexual health education and HIV prevention education are available for inspection and that during this inspection a parent or guardian may make copies at the parent’s or guardian’s pupil’s school of any written educational material that will be distributed to pupils, if it is not copyrighted and has been or will be presented by an outside consultant or guest speaker.

(2) Advise the parent or guardian whether the comprehensive sexual health education or HIV prevention education will be taught by school district personnel or by outside consultants. A school district may provide comprehensive sexual health education or HIV prevention education, to be taught by outside consultants, or may hold an assembly to deliver comprehensive sexual health education or HIV prevention education by guest speakers, but if the school district elects to provide comprehensive sexual health education or HIV prevention education in either of these manners, the notice shall include the date of the instruction, the name of the organization or affiliation of each outside consultant and guest speaker, the training in comprehensive sexual health education and HIV prevention education of each outside consultant and guest speaker, and information stating the right of the parent or guardian to request a copy of this section, 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 chapter.

(c) A school district shall allow a pupil’s parent or guardian to inspect any written or audiovisual educational material used in comprehensive sexual health education and HIV prevention education. A parent or guardian may, during inspection, make copies at the parent’s or guardian’s pupil’s school of any written educational material that will be distributed to pupils, if it is not copyrighted and has been or will be presented by an outside consultant or guest speaker. If a parent or guardian elects to make copies, the school may charge up to ten cents ($0.10) per page.

(d) Notwithstanding Section 51513, anonymous, voluntary, and confidential research and evaluation tools to measure pupils’ health behaviors and risks, including tests, questionnaires, and surveys containing age-appropriate questions about the pupil’s attitudes concerning or practices relating to sex, may be administered to any pupil in grades 7 to 12, inclusive. A parent or guardian has the right to excuse their child from the test, questionnaire, or survey through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for these tests, questionnaires, or surveys in grades 7 to 12, inclusive. Parents or guardians shall be notified in writing that this test, questionnaire, or survey is to be administered, given the opportunity to review the test, questionnaire, or survey if they wish, notified of their right to excuse their child from the test, questionnaire, or survey, and informed that in order to excuse their child they must state their request in writing to the school district.

(e) The use of outside consultants or guest speakers as described in paragraph (2) of subdivision (b) is within the discretion of the school district.

SEC. 15.

Section 51939 of the Education Code is amended to read:

51939.

(a) A pupil may not attend any class in comprehensive sexual health education or HIV prevention education, or participate in any anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks, if the school has received a written request from the pupil’s parent or guardian excusing the pupil from participation.

(b) A pupil may not be subject to disciplinary action, academic penalty, or other sanction if the pupil’s parent or guardian declines to permit the pupil to receive comprehensive sexual health education or HIV prevention education or to participate in anonymous, voluntary, and confidential tests, questionnaires, or surveys on pupil health behaviors and risks.

(c) While comprehensive sexual health education, HIV prevention education, or anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks is being administered, an alternative educational activity shall be made available to pupils whose parents or guardians have requested that they not receive the instruction or participate in the test, questionnaire, or survey.

SEC. 16.

Section 14.5 of this bill incorporates amendments to Section 51938 of the Education Code proposed by both this bill and Assembly Bill 517. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 51938 of the Education Code, and (3) this bill is enacted after Assembly Bill 517, in which case Section 14 of this bill shall not become operative.

SEC. 17.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Background HealthConnected.org

HealthConnected.Org

Comment Dawn Urbanek: This is a very small non-profit that serves San Mateo County only- why did CUSD choose this program to Pilot? There is Parental concern over School Districts that provide students under the age of 18 with medical services without parental consent. This program does that.

http://www.health-connected.org/our-curricula

Health Connected's Teen Talk Middle School curriculum is a comprehensive sexuality education curriculum designed to help educate 11-14 year olds about sexuality and sexual health. This sequential, 12 session curriculum is intended to be delivered over the course of two weeks. Teen Talk Middle School was updated in 2016 to meet the new requirements of the California Healthy Youth Act

Core components of the Teen Talk Middle School curriculum include:

Meets the stringent requirements of CA Education Code sections 51930-51939 for 7th-12th grade students
Consists of 12 sessions intended to be taught for a minimum of 10 hours over 2 weeks
Supports clarification of values about gender roles, relationships, and sexuality
Provides information about where to obtain reproductive health care
Incorporates multi-day parent/trusted adult interview homework assignment for students
Gender inclusive language

The cost of the text is $215 + tax

WHAT ARE PARENTS IN OTHER SCHOOL DISTRICTS SAYING

Silicon Valley Parents Freak Out Over Sex Ed

More than 1,600 parents in Palo Alto, California, have signed a petition to stop their school district’s sex education program until it’s changed. These Silicon Valley parents say they are concerned by descriptions provided to middle school students that describe explicit sexual experiences including masturbation, premarital sex, and the use of sex toys.

The parents’ petition argues the curriculum is seductive rather than educational, and “leads 7th graders to follow the examples of a wrong age group and encourages 12 years olds to try sex for ‘wonderful orgasm.’”

Cupertino Schools: New sex-ed curriculum fails to pass after parent uproar

More than 150 parents came out to a Tuesday night school board meeting to oppose a controversial new sexual health education curriculum that many said was “too graphic” and “not age appropriate” for their Cupertino Union School District seventh-graders.

“The data in it was explicit; it was extremely provocative,” she said. “It was written with too much suggestion. The entire approach was all about perform, not about inform. The entire assumption made by the (curriculum) that we reviewed was that all our children are already sexually active."

Palo Alto parents protest new sex ed curriculum

District says program ensures consistency, complies with new law

While concerned parents said they support sex education, they argue that specific elements of Health Connected's middle school materials are encouraging rather than preventing risky behaviors, such as underage drinking and sex, and encroach on deeply held family values.

They have also criticized the district's process for selecting the program as hasty and unrepresentative, with no parent involvement, and have asked for a more thorough vetting process akin to the one required for adoption of a full curriculum such as mathematics.

"This is about the family," Erica Cai, one of several Palo Alto Unified parents who started an online petition calling for the curriculum's removal, told the Weekly in an interview. "This makes a lot of people feel like their parental right to educate their kids has been infringed upon."

Sex Education in California Sparks Culture Clash

‘This should not be viewed as a local issue, but one that will be coming up in every school district across the country,’ said one analyst, as immigrant parents lead the fight against a hotly debated curriculum.

Sex education for students a public right, judge rules in Clovis Unified case

Do California students have a right to learn about contraception and sexually transmitted infections?

A Fresno Superior Court judge says yes.

Access to medically accurate and age-appropriate sex education is an important public right, Judge Donald Black has ruled, casting questions on the state’s current law, which does not require schools to teach comprehensive sex education in school.

The ruling, which hands a victory to two Clovis Unified parents, the American Academy of Pediatrics and the Gay-Straight Alliance Network, also makes it crystal clear that abstinence-only education violates California law.

Parents Aren’t the Only Thing Making New Sex Ed Curriculum a Challenge for Schools

San Diego Unified and schools across the state are updating their sex ed curriculum in accordance with a new state law. Often, though, districts don’t get guidance on how to implement changes until long after they’re supposed to be in place.