Comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education: outside consultants.

2025-2026 Regular Session Introduced by James Gallagher

AB 281 gives parents the right to inspect and copy non-copyrighted sexual health/HIV instruction materials, especially from outside consultants, and requires disclosure and notice.

Ordered to inactive file at the request of Assembly Member Gallagher.

#comprehensivesexualhealtheducationandhumanimmunodeficiencyvirus(hiv)preventioneducation #outsideconsultants

Purpose / Intent

AB 281 clarifies and expands parental access to instructional materials used in comprehensive sexual health and HIV prevention education under the California Healthy Youth Act, with particular focus on instruction delivered by outside consultants or guest speakers. It aims to increase transparency about who is providing instruction and what materials are used.

Key provisions

Amends Education Code section 51938 (California Healthy Youth Act) to add parental inspection and copying rights:

Parents/guardians may inspect any written or audiovisual educational material used in comprehensive sexual health education and HIV prevention education.
Parents/guardians may make copies of written materials that will be distributed to pupils if:
The material is not copyrighted, and
The material has been or will be presented by an outside consultant or guest speaker.
A school may charge up to $0.10 per page for copies when a parent elects to copy materials.

Notification and disclosure requirements:

At the start of the school year (or at enrollment), districts must notify parents about planned sexual health/HIV instruction and that materials are available for inspection.
If instruction will be delivered by outside consultants or guest speakers, the notice must state that and include the date of instruction and the organization or affiliation of each outside consultant or guest speaker.
If arrangements are made after the school year begins, notice must be sent at least 14 days before the instruction.
Districts must inform parents of their right to copy materials and of the training in comprehensive sexual health/HIV prevention education of each outside consultant or guest speaker.

Retains existing provisions:

Passive parental consent (opt-out) remains the required method for excusing pupils from instruction and related assessments; districts may not require active opt-in.
Use of outside consultants or guest speakers remains within district discretion.

Who is affected

Primary: parents and guardians of pupils receiving comprehensive sexual health and HIV prevention instruction (generally grades 7–12, though instruction may be provided earlier if age-appropriate).

School districts and local education agencies (including county boards/superintendents, the California School for the Deaf and Blind, and charter schools) — required to provide notices, inspection access, copying access, and consultant disclosures.

Outside consultants and guest speakers — their organizational affiliation and training must be disclosed to parents.

Potentially the state/county/local budgets if the Commission on State Mandates finds mandated costs eligible for reimbursement.

Fiscal / procedural notes

Legislature characterizes the bill as imposing a state-mandated local program (additional duties for local educational agencies). The bill states specified limits on reimbursement and defers to the Commission on State Mandates regarding any mandated-cost reimbursement.

Legislative history highlights committee activity in March–April 2025 (hearings, amendments, do-pass vote) and floor action in April. The author requested the bill be placed on the inactive file on June 12, 2025, effectively pausing further action.

Bill

Comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education: outside consultants.

AB 281 (Gallagher) — Summary

Purpose / Intent

Key provisions

Who is affected

Fiscal / procedural notes

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