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Raymond Burnell, director of education for the California Catholic Conference, talks at St. Bruno Church, San Bruno, June 15, 2019. The conference has recently published guidance on parental rights in sexual education in public schools. (Photo by Nicholas Wolfram Smith/Catholic San Francisco)
Aug. 2, 2019
Catholic San FranciscoStudents can be excused from any part of a school’s sexual health curriculum if it conflicts with their parent or guardian’s religious or moral beliefs, the California Catholic Conference said in guidance for parents issued Aug. 2.
In a primer published on its website about the California Healthy Youth Act, the conference covered parents’ legal rights regarding their child’s comprehensive sexual health education in public schools. According to the conference, which represents the state’s 12 dioceses on public policy, the law has become increasingly concerning for Catholic families because some state-recommended curricula that may be taught include graphic instructions and morally objectionable ideas and behavior.
Raymond Burnell, the conference's director of education, told Catholic San Francisco "The start of every school year is a great opportunity for families to be aware of the practices and policies of the California public schools their children attend regarding sexual health education -- and advocate for their parental rights. Because of parents' legal option to excuse policy, they're responsible for asserting their right for information and their right to 'opt-out' of certain objectionable instruction."
Since the law took effect Jan. 1, 2016, California public school districts must provide students in grades seven-12 with comprehensive sexual health education and HIV prevention information. School districts may also choose to offer “age-appropriate” instruction earlier than seventh grade.
While each school district can determine its own curriculum, the instruction must meet certain standards, such as being medically accurate and objective; being appropriate for use with students of all races, genders, sexual orientations, and ethnic and cultural backgrounds; affirmatively recognizing different sexual orientations and including same-sex relationships in discussions; and teaching about gender, gender expression, gender identity, and the harm of negative gender stereotypes.
“A significant element of the CHYA has been its recognition of the right of parents to supervise their children’s sexual health education,” the conference said.
The Healthy Youth Act states that “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.”
The Catholic conference highlighted that the law requires three things: Schools must notify parents and guardians about the planned instruction; parents and guardians are allowed to review materials in advance of the instruction; and they are permitted to excuse their children from participation in all or part of the sexual health education, HIV prevention education and assessments related to that education.
The conference also noted there were ambiguities around the extent of the “opt out” provision, particularly over whether the provision applies to instruction involving discussions of gender identity and sexual orientation.
The law states in one section that the opt-out provision “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.”
Some boards of education have concluded that as long as reproductive functions are not discussed parents cannot excuse their children from sexual education lessons.
According to the conference, that reading is “flawed,” and the opt-out provision applies to all material covered in comprehensive sexual education, including sexual orientation and gender identity and expression.
“Given the Act’s requirement to provide instruction on sexual orientation and gender identity/expression as part of a school’s ‘comprehensive sexual health education’ program – even if this instruction is presented in ‘separate modules’ without reference to reproductive organs or functions – the only reasonable conclusion is that parents must be given the opportunity to excuse their children from all or part of that program,” the conference says.
The conference emphasized that since “the scope of parental rights under the CHYA is unclear, parents should use this as an opportunity to contact their schools and school districts to request clarification and to advocate for parental rights to be protected to the fullest extent.”
In addition to the documents published on their website, the conference has also become involved with consulting with dioceses on the issue, supporting local advocacy efforts on school district implementation of the CHYA, and advocating state legislation like SB 673 to strengthen parental control over sexual education.
The Archdiocese of San Francisco’s Office of Human Life & Dignity is sponsoring two upcoming presentations on parental rights and sexual education. A Spanish language presentation will be held Sunday, Sept. 8 from 2-4 p.m. at St. Anthony Parish in Menlo Park. An English language presentation will also be held at St. Dominic Parish in San Francisco, Thursday, Sept. 12 from 6:30-8:30 p.m.
For more information, visit the website for the California Catholic Conference website or look at the resources hosted by the Office of Human Life & Dignity.
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Parents urged to assert their rights in sexual education